ABSTRACT

Child abuse cases are unique in that they are seldom-witnessed acts. In most cases, there are only two people who truly know what happened: the suspect and the victim. With liberty on the line, the suspect has a compelling reason to remain silent and take steps to ensure that both the child does not disclose and the child is not available for forensic medical examination. Without access to the child, the investigator is unlikely going to be able to competently investigate the potential abuse or protect the child. The only logical way to confirm or dismiss the suspicion is to speak to the child and/ or medically examine the child away from the potential suspect. This involves the temporary detention of the child for questioning and the potential for removing the child from parental care. Both issues-child questioning without parental consent and child removal via protective custody-can leave investigators open to potential liability.