Intervention in the intrafamily sexual abuse: invasive interference or due protection?

Abstract

This text aims at discussing the psychological and juridical aspects present in interfamily sexual abuse. We have in mind the protection of the child or adolescent. It is based on the reality that the higher number of sexual abuses occurs within the families and is more frequently perpetrated by parents and stepfathers. We hereby present some issues in order to better understand the interface between Psychology and Law in handling this problem, aiming at the possible protection and restoration of the victims’ rights. We emphasize the occurring contradictions and conclude that the judicial intervention may be determinant for the interruption of the violation of the right to a dignified life and to a healthy sexual development of children and adolescents. We recognize that although intrafamily sexual violence occurs in a private context, it has social and public character for it attempts against basic human rights, and, therefore, requires legal intervention to reestablish and guarantee these rights.