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NSW court pilot program: Giving a voice to child victims of sexual abuse

Shadow of father and son | Shine Lawyers

Less than 20 percent of reported child sexual assaults proceed to court. This signals a remarkable disproportionality between reports of abuse and prosecution of alleged perpetrators.

Victims and families are often deterred from bringing charges by the prospect of lengthy court proceedings. Even if charges are brought, giving evidence against a perpetrator can be particularly traumatic, especially for children. With the majority of sexual abuse occurring behind closed doors, child victim testimony is crucial but often difficult to obtain.

NSW courts launch pilot program

The NSW courts have launched a pilot program to assist child victims of sexual abuse give evidence in proceedings. Recognising that offenders were not being brought to justice, the program seeks to reform a child’s experience of, and participation in, the criminal justice system.

boy-with-teddy

The program involves child witnesses giving pre-recorded evidence in remote witness rooms. They’re provided with anxiety toys and visual communication stimuli and don’t have to face the wigs and gowns of the court room.

‘Witness intermediaries’ help children to understand the questions and give effective answers, while observing emotional reactions to ensure they remain comfortable. The intermediaries are officers of the court and are there to enable the child to give the best possible evidence.

Strong step in the right direction

So far, 760 children have given evidence supported by witness intermediaries. The preliminary results of the program have been strongly supported from all sides. Children are now able to give crucial evidence, which is assisting judges, juries, the prosecution and the defence.

Due to the positive response, there has been further discussion of rolling the program out to assist adults with disabilities.

Measures in other states showing a similar shift

The measures introduced by the program respond to one of the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse. Legislative action by other Australian states shows an encouraging trend.

In 2016, Queensland also implemented one of the recommendations of the Commission by passing legislation that removed civil statutory time limits for victims of sexual assault to bring a claim.

Earlier this year, Victorian laws made it easier for child abuse victims to bring a claim by reversing the onus of proof. This burden now falls on the organisation that employed the offender to show they took reasonable steps to prevent the abuse occurring.

Standing as a voice for victims of abuse

With firsthand experience of the many challenges facing victims of abuse, Shine’s team of abuse law experts welcome and encourage the NSW pilot program. We need to ensure the voices of abuse survivors are heard without adding further trauma to what has already been suffered.

If you or a loved one has been impacted by abuse, let us help you get the justice you deserve. Get in touch with our abuse law team today.

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Written by Shine Lawyers on . Last modified: March 12, 2018.

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  • Mala devi wrote:

    Hi. My mame is mala. I’m a ophan. I need justice for the type of abuse that i have been through. MENTAL physical and financialy. Put me on medication i could not talk. What was ment to do it did not do.not only that when i rold them what it was doing they made fun out of me. The house was under my exhubands name. I’m lucky to be alive. For the thinfs that i have been through physically MENTAL spritually.. please i need some one who can do pro bono. Who can give me justice. In reality.

    • Shine Lawyers wrote:

      Hi Mala, I’m sorry to hear about your experience, but thank you for getting in touch. A member of our New Client Team will be able to gather more details, talk you through the services we offer and let you know if we can help. You can find the contact details here: http://bit.ly/Shine-contact. While we run some cases on a pro bono basis, it’s not common, however Abuse matters are provided on a no win no fee basis. This is explained when we meet with you to discuss your case.

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