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Evaluation of the NSW Child Sexual Assault Specialist Jurisdiction Pilot

NCJ Number
211151
Author(s)
Judy Cashmore; Lily Trimboli
Date Published
2005
Length
102 pages
Annotation
This report presents the findings of the evaluation of a pilot program in New South Wales (Australia) that aimed to improve the case-processing experiences of child sexual assault complainants.
Abstract
The pilot program was established in the Sydney West District Court Registry in March 2003. It stemmed from recommendations of an inquiry conducted by the New South Wales Legislative Council Standing Committee on Law and Justice in 2002. The pilot program focused on reducing delays in child sexual assault cases; improving the physical environment of the court; assisting children in giving evidence by using special innovative measures to assist children in providing evidence; and increasing the skills of the legal professionals involved in the court process. Features for reducing delays were case management procedures and pretrial conferences intended to minimize adjournments and ensure the case was ready to proceed. Improvement in the physical features of the court environment included the establishment of the remote child-friendly witness suite at one court, an upgrading of the technology, and a presumption in favor of using special measures such as closed-circuit television and admitting the child's prerecorded investigative interview as the child's evidence-in-chief. Another feature of the program was the hearing of cases by designated judicial officers specially trained in child development and the dynamics of child sexual assault. Prosecutors and court staff also received special training. The evaluation involved court observation and interviews with children, parents, and court personnel. The evaluation found that children were still being subjected to overly long, complex questioning that was unlikely to produce the most reliable evidence. Judicial intervention to clarify questions or control accusatory questioning varied across trials. Overall, there was little to distinguish the pilot jurisdiction from the comparison jurisdiction other than the establishment of the remote witness suite. 11 tables, 100 notes, 52 references, and appended details of the program