Recently introduced legislation seeks to put additional emphasis on child abuse cases in Delaware. If approved by the General Assembly, Senate Bill 234, sponsored by Senate Majority Leader Patricia Blevins (D-Elsmere), would classify child abuse as a separate crime in the state and toughen penalties in some child abuse cases.
Child Abuse Bill
State lawmakers and officials discuss SB 234 – legislation that would make child abuse a stand alone crime.
“Assaults against children are different than assaults against adults,” said Sen. Blevins. “So, it is important to make this a standalone crime.”
Attorney General Beau Biden (D), who spearheaded the legislation, said Wednesday the need for addressing child abuse separately from adults is borne out by current statistics. Biden pointed out that more than three million children are reported to be victims of abuse or neglect in the United States each year, and the U.S. ranks higher in child abuse fatalities than any other industrialized nation in the world. Biden also noted that a child who is abused or neglected is 59 percent more likely to be arrested as a juvenile, 28 percent more likely to be arrested as an adult, and 30 percent more likely to commit a violet crime.
“Far too many children are the victims of abuse, neglect and assault and [this bill] will go a long way to better protect the children of this state,” said Biden.
Currently, child abuse cases are prosecuted under the statute dealing with assault by abuse or neglect—which also applies to adult victims—or with charges of endangering the welfare of a child. The bill would create three levels of child abuse in the state. First and second degree child abuse would each be felonies and there would be stronger penalties when the victim is under four years old or has significant intellectual or developmental disabilities.
“We know children are three times more likely to be assaulted, hurt or harmed if they have a developmental disability or are under four years old,” said Biden. “We wanted to recognize a very vulnerable victim pool.”
Blevins said the bill also recognizes the unique characteristics of abuse cases, especially those involving very young children or those with disabilities present.
“Thousands of children are abused every day, many of them under the age of three. They are not even verbal. The evidence needs to be collected in other ways than in testimony. These are very difficult crimes and deserve their own category,” said Blevins. “It’s very important to target those victims with development disabilities, because often they cannot testify, or their testimony needs special accommodations.”
State Rep. Rebecca Walker (D-Middletown) said she saw cases of abuse first hand in her eleven years as a forensic emergency room nurse, prompting her sign on as a co-sponsor of the bill.
“It happens a lot in Delaware, a lot more than people think,” said Walker. “[This bill] can be something that will help our kids be a little bit safer.”
