A grandfather is babysitting his young granddaughter. While the baby is asleep, he touches the baby in inappropriate areas
Does this action constitute sexual abuse? One problem with the textbook definition of child sexual abuse requires that the child be harmed. Should this requirement be eliminated since there may be instances where the child is sexually abused but no harm to the child is established?
The question in this case is whether or not harm is required to constitute sexual abuse. Does the element of harm change the nature of the crime? Holding to the requirement that harm must be present, then the grandfather's action probably would not be a crime. But if the child wakes up during the touching, then there probably would be a crime because you can assume that the child would suffer emotional or mental harm.
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