NCJ Number
115643
Date Published
1988
Length
164 pages
Annotation
This report examines criminal law in Victoria, Australia, relating to the sexual abuse of children, including the procedural and evidentiary rules governing the prosecution of offenses.
Abstract
The rationale for legislation dealing specifically with sexual offenses against children and the role of the criminal law are considered. Special difficulties surrounding child witnesses and deficiencies in the current child protection system are noted. Current laws and sanctions pertaining to various sexual offenses against children are critically examined. These include offenses involving sexual activity (penetrative and nonpenetrative) between a child and an offender, offenses involving the encouragement or facilitation of sexual activity with children, and provisions dealing with attempted offenses and assault with intent to commit offenses and those establishing alternative verdicts. Debate concerning the enactment of mandatory reporting laws in Victoria is reviewed, and the effectiveness, efficiency, equity, and effects of mandatory reporting on the State-community partnership are evaluated. Procedural issues discussed include parental consent to medical examination, protection of child victims, and the conduct of the preliminary hearing. Among evidentiary matters considered are competency of the child witness, corroboration rules, and the use of out-of-court statements as evidence. Changes in procedures and rules to facilitate child testimony and reduce trauma also are reviewed. Finally, the desirability and form of offender treatment and the need for diversion programs are evaluated. Recommendations for law reform and draft legislation are included.