NCJ Number
111187
Date Published
1988
Length
79 pages
Annotation
This discussion paper prepared by the Law Reform Commission of Victoria (Australia) considers the substantive, procedural, and evidentiary law relating to sexual offenses against children and presents tentative proposals for law reform for public debate.
Abstract
After presenting the major issues and principles which underlie this review of the laws relating to sexual offenses against children, this paper examines whether current offenses are appropriate and necessary, with attention to simplification and rationalization. The discussion then turns to whether there should be a legal duty imposed on any adults to report suspected child sexual abuse to the police or community services. The paper also analyzes procedural issues in the period between a complaint to the police and the trial of a person charged with child sexual abuse. Other topics addressed are the treatment of child witnesses and court procedures for their trial testimony and whether Victoria should adopt a new criminal justice approach to sexual offenders which focuses on treatment rather than punishment. Among the issues encompassed by 37 tentative proposals are offense definitions, the age of consent, the nature of consent, defenses, reporting, prosecution, rules of evidence, and court procedures for the management of child witnesses. Chapter footnotes, and data on child sexual abuse incidence.