NCJ Number
196600
Date Published
2002
Length
156 pages
Annotation
This study focused on children who complained of sexual abuse, in terms of their experiences in the criminal justice system of Australia.
Abstract
This study covered three jurisdictions, Queensland, New South Wales, and Western Australia, in its examination of the experiences and the consequences to 130 children who complained to the criminal justice system of sexual abuse. Five chapters cover: an introduction to and list of research goals; a review of literature and legislation on child sexual abuse and the criminal justice system; the methodological issues and method that underpin the study; and a presentation of the findings in three parts: information gained from the children and the parents, a case study of a committal cross-examination, and data gathered from legal participants such as crown prosecutors, defense lawyers, and judges. The information gained from the in-depth interviews of the children was combined with data gathered from parents, crown prosecutors, defense lawyers, court support personnel, and members of the judiciary, to compose the findings of this report. The significant processes in the criminal justice process for the child on the individual level and the implications for legislators and legal practitioners on the systemic level are presented. This report examines from a theoretical perspective why decades of reform have achieved limited gains for Australian children, and why the criminal justice system remains a legally sanctioned context for the abuse of children. A conclusion based on the fact that the legal profession does not believe children when they say they have been sexually abused, or that it is an important issue. It is concluded that other means must be developed outside of legislative reform to ensure children get justice. Appendices, references, table