Child abuse was not always criminalized. The United States did not prosecute a case until 1874. There, Mary Ellen Wilson was an adopted orphan whose mistreatment was discovered by her neighbors when she was nine years old. Because of her emaciated appearance, the neighbors thought she was five years old. Authorities soon discovered that Mary Ellen Wilson had been slashed with scissors, viciously whipped, and confined to a small space. Police were reluctant to intervene, so an animal rights society advocated on her behalf. After trial, the jury convicted and her adoptive mother was sentenced to one year in prison.

This trial marked the beginning of child abuse intervention and reform. But true progress was not made until Dr. Henry Kempe arrived on the scene.

Doctor Kempe’s Work

In 1962, Henry Kempe published The Battered Child Syndrome. Physicians began noticing potential signs of abuse, but did nothing about it. By identifying patterns of injury consistent with “child abuse,” his work provided the foundation for recognizing it as a diagnosable condition. But more importantly, he advocated for action. He argued that doctors were in the unique position of diagnosing child abuse, so they should also report and prevent it. His work was groundbreaking. Within five years, all fifty states adopted reporting laws. These laws were weak at first, but his research ultimately led to stronger legislative reforms like CAPTA.

A decade later, Henry and his wife founded the National Center for the Prevention and Treatment of Child Abuse and Neglect, which is now known as the Kempe Center. A few years later, he helped found The International Society for the Prevention of Child Abuse and Neglect, which biennially awards a doctor who dedicated themselves to protecting children.

As a former assistant attorney general in Arizona who prosecuted child abuse offenders and as a lawyer who currently represents those accused of abuse, I appreciate the impact of Dr. Kempe’s work. Today, the 41^st anniversary of his passing, is a good day to remember his legacy.

Brad TenBrook is a former Assistant Attorney General in Arizona. Brad’s practice now focuses on child abuse and neglect litigation. 

Sam Fraser is a 2l at Sandra Day O’Connor College of Law. As a law clerk at Woodnick Law PLLC, Sam has the opportunity to assist with real cases and to research areas of interest relating to his future practice of law.