Judy Cashmore

The characteristics of reports to the police of child sexual abuse and the likelihood of cases proceeding to prosecution after delays in reporting

Delays in disclosing and reporting child sexual abuse to the police are common, particularly among males and those who have been abused by clergy and others in a position of trust. This study, commissioned by the Royal Commission into Institutional Responses to Child Sexual Abuse, examined the patterns of timely and delayed reporting of sexual offences against children, and the likelihood of legal action commencing. De-identified unit record data for all sexual offences against children reported to the police over 20 years were obtained from official crime statistics agencies in two Australian states. While there were similarities between the two states in terms of the influence of public inquiries on reporting numbers over this period, and in the factors associated with delayed reporting, there were substantial differences in the likelihood of legal action being taken in cases reported by a child or adult complainants. In one state, legal action was more likely with increasing delay, until the delays extended to 10-20 years, after which the likelihood of legal action decreased. In the other state, the pattern was quite different - reports of sexual assault were somewhat more likely to result in legal action with immediate reporting. The least likely to proceed were cases involving young children in more recent years; long delays into adulthood were not necessarily adverse for prosecution.

Juvenile Justice: Australian Court Responses Situated in the International Context

This chapter focuses on the key themes in relation to the function of the criminal jurisdiction of Children’s Courts across the various states and territories in meeting the requirements of important international legal instruments and conventions. The generally agreed aims of juvenile justice mechanisms and Children’s Court criminal processes in compliance with the Beijing Rules are to treat children and young people less harshly than adults, taking account of their circumstances and promoting their reintegration into society and their rehabilitation. The history of juvenile justice in Australia and in other Western countries indicates various swings of the pendulum between ‘needs’ and ‘deeds’ and, more recently, some new approaches such as restorative justice and therapeutic or problem-solving courts. The limitations in relation to the participation of children and young people in these processes, and in Children’s Court proceedings, and the need for a good evidence-base and reliable data are outlined.