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Fair Trial and Equality of Justice in Child Sexual Abuse Cases

NCJ Number
161120
Journal
Journal of Sexual Aggression Volume: 1 Issue: 2 Dated: (1994/95) Pages: 95-113
Author(s)
D Malcolm
Date Published
1995
Length
19 pages
Annotation
Because the issue of child sexual abuse has received increased attention over the past several years, this paper considers the judicial treatment of child sexual abuse cases in the context of recent law and procedure reforms in Western Australia.
Abstract
The Western Australian Advisory and Co-ordinating Committee on Child Abuse recently released a statistical report on child abuse and neglect that revealed an alarming increase in the number of alleged child abuse incidents between 1981 and 1993. The statistics include allegations of physical and emotional abuse and neglect, as well as sexual abuse. The Child Abuse Task Force was established in 1986 and made recommendations on changes in laws related to child witnesses, sex offense penalties, child welfare and protection, family court proceedings in child sexual abuse cases, legal services for children, and pretrial diversion of child sexual offenders from imprisonment into alternative forms of treatment. In 1987, the Task Force also recognized the need for improved coordination between agencies involved in child sexual abuse cases and for the establishment of clear policies and procedures about child sexual abuse within and between agencies. Task Force recommendations resulted in such reforming statutes as the Sexual Offences Amendment Act and the Evidence Amendment Act. These reforms specifically concerned support for child witnesses, the problem of unrepresented defendants, the use of closed circuit television to obtain evidence from child victims, child witness preparation, the need to keep children informed, and the use of expert witnesses. 18 references