The Experiences of Child Complainants of Sexual Abuse in the Criminal Justice System

Abstract

Foreword | This paper presents a summary of findings from a report to the Criminology Research Council on the experiences of child complainants of sexual abuse in the criminal justice system in three Australian jurisdictions: Queensland, New South Wales and Western Australia. The aim of the research was to investigate the processes surrounding, and the consequences of involvement in, the criminal justice system from the perspective of the child complainant. Interviews were conducted with children, their parents / guardians, crown prosecutors, defence lawyers and judicial officers. When asked if they would ever report sexual abuse again following their experiences in the criminal justice system, only 44 per cent of children in Queensland, 33 per cent in New South Wales and 64 per cent in Western Australia indicated that they would. The outcome of the criminal trial was not necessarily a predictor of response to this question, with comments from the children indicating a widespread belief that the process was not worth the trauma suffered. Overwhelmingly, the three key difficulties identified by the children across all jurisdictions were: waiting for trial; seeing the accused; and the cross examination process. The paper notes that legislation to control cross examination has not worked, for various reasons, and suggests that legislative and procedural reform, and a more child-centred policy focus, are required in order to prevent damage being done to the child by the justice system. Such damage may contribute to non-reporting of sexual abuse by children, allowing abusers to act with impunity.

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