NCJ Number
90211
Date Published
1982
Length
8 pages
Annotation
This paper considers the legal forum appropriate for considering the cases of child victims in New South Wales (Australia), along with legal aid for children and the lawyer-child (client) relationship.
Abstract
The child becomes a victim where sexual, psychological, or physical abuse is inflicted on the child. Courts and lawyers are probably the least appropriate means for dealing with such cases. The rules of evidence, the difficulty of getting children to even talk about their abuse much less present testimony in a formal court context, plus the usual absence of corroborating evidence to support a child's story about abuse within the family makes the courts an unlikely source of relief for victimized children. The informal panel system appears to be the most appropriate forum for dealing with most cases of child victimization. The court's role in such a context would be largely supervisory, providing a backup of legal sanctions and becoming a review body when necessary. The choices made should be based on whatever best encourages the child's trust and active participation. For the bulk of cases, legal intervention would commence upon application by a child for an informal panel hearing. In the provision of legal aid for children, New South Wales is in the unique position in Australia of providing a court-based duty solicitor scheme that offers legal representation for any juvenile appearing before a children's court. Further, the New South Wales Legal Services Commission has approved the use of community-based children's legal centers which will specialize in the development of effective lawyer-client relationships with children. As with adult clients, the child's lawyer should make every effort to implement the will of the child in any legal actions. Four footnotes are provided.