NCJ Number
211653
Date Published
May 2003
Length
6 pages
Annotation
This paper summarizes findings from a report to the Australian Criminology Research Council on the experiences of child complainants in sexual abuse cases in three Australian jurisdictions.
Abstract
In-depth interviews were conducted with 63 child complainants (61 females and 2 males) ages 8 to 17 who were involved in criminal cases in Queensland (n=18), New South Wales (n=9), and Western Australia (n=36). Interviews were also conducted with 39 parents/guardians and 28 legal personnel in the 3 jurisdictions. When asked if they would again report sexual abuse based on their experiences in the criminal justice system, only 44 percent of the children in Queensland, 33 percent of the child complainants in New South Wales, and 64 percent in Western Australia indicated they would. The higher favorable response in Western Australia is apparently indicative of more child-friendly provisions in that State. In Western Australia, the use of closed circuit television (CCTV) for the testimony of an "affected child" under the age of 16 at the time of the complaint is mandatory where it is available, unless the child chooses otherwise. Recognizing that abusive cross-examination does occur, all jurisdictions have enacted legislation designed to control the manner of cross-examination; however, there was overwhelming evidence from the children that unacceptable and abusive cross-examination continues. Being accused of lying was the most hurtful part of the cross-examination for children in all States. Parents confirmed the negative reactions of the children to their cross-examination, as many parents reported their children were damaged and disillusioned by their treatment in court. If child victims of sexual abuse are to be treated fairly and sensitively in court, the law must be redefined, enforced, and interpreted so that child victims of sexual abuse are not further victimized by their treatment in court. 12 references