Model Pre-Trial Diversion Scheme for Perpetrators of Sexual Assault Against Children (From Pre-Trial Diversion for Adult Offenders, P 161-170, 1985, Ron Snashall, ed. - See NCJ-103703)

• NCJ Number: 103711
• Author(s): B Hawker; S Egger
• Date Published: 1985
• Length: 10 pages
• Publication Format: Document
• Publication Type: Program Description (Model)
• Language: English
• Country: Australia

Annotation

This paper presents the rationale for and the components of a pretrial diversion program for intrafamilial child sexual assault offenders, as recommended by the New South Wales Child Sexual Assault Task Force (Australia).

Abstract

Factors associated with the traditional criminal processing of intrafamilial child sexual assault cases suggest the benefits of pretrial diversion for such cases. These factors include punitive elements that discourage the reporting of family members for incest, the psychological stress of case processing for the victim, evidentiary requirements that reduce the likelihood of conviction, and the ineffectiveness of typical sanctions given incest offenders. Pretrial diversion programs for incest offenders would reduce some of these problems and increase the likelihood that the offender's behavior would be modified. A model diversion program would provide the offender with information on the diversion program following arrest and charging; place the diversion decision in the prosecutor's office; use selection criteria that exclude hardened, violent offenders; make participation dependent on a guilty plea and a desire for treatment; and base the program in authorizing legislation. Should the offender not comply with treatment conditions, he would be brought before the court to be sentenced for the original offense. 2 references.