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3 Discovery of Child Abuse PDF
3 Discovery of Child Abuse PDF
REFERENCES
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THE "DISCOVERY" OF CHILD ABUSE*
STEPHEN J. PFOHL
Ohio State University
Despite documentary evidence of child beating throughout the ages, the "discovery" of
child abuse as deviance and its subsequent criminalization are recent phenomena. In a four-
year period beginning in 1962, the legislatures of all fifty states passed statutes against the
caretaker's abuse of children. This paper is a study of the organization of social forces which
gave rise to the deviant labeling of child beating and which promoted speedy and universal
enactment of criminal legislation. It is an examination of certain organized medical interests,
whose concern in the discovery of the "battered child syndrome" manifestly contributed to
the advance of humanitarian pursuits while covertly rewarding the groups themselves.
The structure of the present analysis is fourfold: First, an historical survey of social re-
action to abusive behavior prior to the formulation of fixed labels during the early sixties,
focussing on the impact of three previous reform movements. These include the nineteenth-
century "house-of-refuge" movement, early twentieth century crusades by the Society for
the Prevention of Cruelty to Children, and the rise of juvenile courts. The second section
concentrates on the web of cultural values related to the protection of children at the time
of the "discovery" of abuse as deviance. A third section examines factors associated with the
organizational structure of the medical profession conducive to the "discovery" of a particu-
lar type of deviant label. The fourth segment discusses social reaction. Finally, the paper
provides a sociological interpretation of a particular social-legal development. Generically it
gives support for a synthesis of conflict and labeling perspectives in the sociology of deviance
and law.
The purposeful beating of the young has for centuries found legitimacy i
necessity for achieving disciplinary, educational or religious obedience (Ra
the Roman legal code of "Patria Patistas" (Shepard, 1965), and the Engl
*The author acknowledges the invaluable collaboration of Judith Dilorio of The Ohi
in bringing this manuscript to its final form. Also acknowledged are the critical commen
Raymond Michalowski and Dee Roth. Consultation with Simon Dinitz, Gideon Fishman and Andrew
Rutherford on an earlier draft of this paper is likewise appreicated. Gratitude is also expressed to Kathy
Delgarn for the preparation of the manuscript.
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Discovery of Child Abuse 31 1
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312 PFOHL
social intervention on th
that the State has the r
as to assert its privilege
ficial to the State.
The concept of preventive penology emerged in the wording of these court decisions. A
distinction between "delinquency" (the actual violation of criminal codes) and "dependency"
(being born into a poor home with neglectful or abusive parents) was considered irrelevant
for "child saving." The two were believed to be intertwined in poverty and desolation. If
not stopped, both would perpetuate themselves. For the future good of both child and so-
ciety, "parens patriae" justified the removal of the young before they became irreparably
tainted (Thomas, 1972:322-323).
The underlying concept of the House of Refuge Movement was that of preventive penol-
ogy, not child protection. This crusade registered no real reaction against child beating. The
virtue of removing children from their homes was not to point up abuse or neglect and pro-
tect its victims, it was to decrease the likelihood that parental inadequacies, the "cause of
poverty," would transfer themselves to the child and hence to the next generation of society
(Giovannoni, 1971:652). Thus, as indicated by Zalba (1966), the whole nineteenth century
movement toward institutionalization actually failed to differentiate between abuse and
poverty ahid therefor registered no social reaction against beating as a form of deviance.
The decline of the SPCC movement is often attributed to lack of public interest, funding
problems, mergers with other organizations and the assumption of protection services by
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Discovery of Child Abuse 313
"DISCOVERY" OF ABUSE.
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314 PFOHL
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Discovery of Child Abuse 315
What organization of social forces gave rise to the discovery of abuse as devian
discovery is not attributable to any escalation of abuse itself. Although some aut
recently suggested that the increasing nuclearization of the family may increase th
zation of its offspring (Skolnick & Skolnick, 1971), there has never been any evide
aside from reporting inflation due to the impact of new laws, battering behavior w
increasing (Eads, 1972). The attention here is on the organizational matrix encour
recognition of abuse as a social problem. In addressing this issue I will examine fact
ciated with the organizational structure of the medical profession leading to the dis
abuse by pediatric radiologists rather than by other medical practitioners.
The "discovery" of abuse by pediatric radiology has often been described chrono
(Radbill, 1968:15; McCoid, 1965:2-5; Thomas, 1972:330). John Caffey (1946) fi
observed series of long bone fractures in children with what he termed some "u
origin." Although his assumption was that some physical disturbance would be disc
the cause of this pattern of "subdural hematoma," Coffey's work prompted
further investigations into various bone injuries, skeletal trauma, and multiple fra
young children. These research efforts lead pediatric radiology gradually to shift it
away from an internal medical explication toward the ascription of social cause.
In subsequent years it was suggested that what was showing up on x-rays might
sults of various childhood accidents (Barmeyer, et al., 1951), of "parental car
(Silverman, 1953), of "parental conduct" (Bakwin, 1956), and most dramatical
"indifference,immaturity and irresponsibility of parents" (Wooley & Evans, 1955).
the progression of this research and reviewing his own investigations, Coffey (1
specified "misconduct and deliberate injury" as the primary etiological factors as
with what he had previously labelled "unspecific trauma." The discovery of abuse w
way. Both in scholarly research (McCoid, 1966:7) and journalistic outcry (Radbill,
the last years of the fifties showed dramatically increased concern for the beaten c
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316 PFOHL
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Discovery of Child Abuse 317
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318 PFOHL
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Discovery of Child Abuse 319
allies with a situation in which they could both reap the rewa
and avoid the infringement of extra-medical controls. What
behavior form but a "syndrome." Instead of departing from
cine, they were able to idealize its most profound mission. Pos
credibility, they were presented with the opportunity "to la
viously labeled at all or what was labeled in some other fash
tional jurisdiction" (Freidson, 1971:261).
The symbolic focal point for the acceptable labeling of abu
an article entitled "The Battered Child Syndrome" in the J
Association (Kempe et al., 1962). This report, representing t
group of radiologic, pediatric, and psychiatric specialists, la
tion" existing as an "unrecognized trauma" (Kempe, 1962
its "psychopathic" perpetrators as a product of "psychiatric
defect in character structure" (Kempe, 1962:24). As an indica
medicine, it is interesting to note that the position articulate
by the editorial board of the AMA in that same issue of JAM
As evidenced by the AMA editorial, the discovery of abus
drastically the intra-organizational constraints on docto
category had been invented and publicized. Psychological ob
as capable of abuse were eased by the separation of normativ
normatively pathological individuals. Problems assoicated wit
whose confidentiality must be protected were reconstructed
who needed help. Moreover, the maintenance of professional
ing deviance with sickness. This last statement is testimony
clature. It was evidenced by the fact that (prior to its public
the label "battered child syndrome" was endorsed by a Chil
included social workers and law enforcement officials as we
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320 PFOHL
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Discovery of Child Abuse 321
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322 PFOHL
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Discovery of Child Abuse 323
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