Web resource:	http://www.aic.gov.au/documents/0/6/A/%7B06AB4D42-2C3F-492D-B2DF-11ECB57E6D3B%7Dtandi380.pdf
Type:	Journal Article
Title:	Child complainants and the court processs in AustraliaTrends and issues in crime and criminal justice
Authors:	Richards, Kelly
Keywords:	Criminal justice responses;Sexual assault;Impact on children and young people;Legal issues;Legislation analysis
Topic:	Policing and legal responses
Year:	2009
Publisher:	Australian Institute of Criminology
Citation:	No. 380
Notes:	General Overview: Complainants in child sexual offence matters face unique difficulties in accessing the criminal justice system and risk being re-traumatised by the court process, particularly where the offender is a family member. This paper from the Australian Institute of Criminology provides an overview of the main difficulties experienced by child complainants, as well as the key initiatives that have been introduced in Australian jurisdictions to improve outcomes for this group. Discussion: While children face a range of problems when they appear in court as complainants, the three main difficulties identified in this paper are those associated with: giving evidence and being cross-examined; jury perceptions of children as unreliable witnesses; and low conviction rates. The major reforms that have been introduced in Australian states and territories to reduce the traumatic impact of the court experience on children include: physical modifications to the courtroom; the use of close-circuit television and pre-recorded evidence; the presence of support persons and child intermediaries; removing the requirement for child complainants to give evidence at committal hearings; restrictions on the cross-examination of child witnesses by the accused; improved interviewing techniques and the introduction of child witness statements; and the establishment of new offence categories and specialist jurisdictions. The author argues that these initiatives remain underutilised and that there is currently little evidence to demonstrate their success. Their impact has been limited by range of factors, including: persistent concerns about the rights of the accused; the failure to translate legislative changes into practice; the role of judicial discretion; and the prioritising of vulnerable witness protections over attempts to increase convictions. The paper recommends further research into several areas, including: changes in judicial perceptions of children’s evidence over time; the effectiveness of child intermediaries; children’s views on special initiatives; and the value of alternative approaches, such as therapeutic jurisprudence. [Appended From Merge Migration] Knowledge about sexual violence against women from Indigenous and culturally and linguistically diverse backgrounds is scant. Anecdotally, levels of sexual violence are purported to be high, but national victimisation surveys may not capture, or may misrepresent, the extent of sexual violence in these communities. While many of the reasons for not reporting sexual violence to police are likely to be similar to those for mainstream women, women from diverse backgrounds can face additional cultural and related factors affecting their ability and/or willingness to report violence. This paper reports on findings from a multi-dimensional study investigating these issues. Participants indicated the need for appropriate interpreters when reporting sexual violence, a preference for female police officers to handle the case, protection of complainants, and more effective dissemination of information on how the criminal justice system processes sexual assault cases. There is a clear need to address fundamental attitudes and beliefs within particular communities about sexual violence and this will require strong community leadership and the support of local community members.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/13777
ISSN:	0817-8542
Physical description:	6p
Appears in Collections:	Journal Articles

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