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Author: Grafiati

Published: 10 December 2022

Last updated: 28 January 2023

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1

Gleeson, Kate. "Reckoning with Denial and Complicity: Child Sexual Abuse and the Case of Cardinal George Pell." International Journal for Crime, Justice and Social Democracy 9, no. 4 (November 26, 2020): 31–44. http://dx.doi.org/10.5204/ijcjsd.1688.

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This article is concerned with public responses to allegations of child sexual abuse by representatives of powerful state-like entities such as the Catholic Church. It focuses on the responses of hegemonic groups and individuals to the recent trials and acquittal of the most senior Catholic figure ever to face child sexual abuse charges, Australian Cardinal George Pell, and his sworn testimony denying knowledge of sex crimes committed by a priest he associated with in the past. The article examines organised political campaigns denying the possibility of child sexual abuse in relation to a more generalised cultural denial permeating society about the entrenched nature of child abuse. As a means for coming to terms with the denial of atrocities, this article invokes philosophical debates about responsibility for mass crimes in the context of war tribunals, such as those formulated by Simone de Beauvoir and Hannah Arendt.

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2

Lee, Eunro, Jane Goodman-Delahunty, Megan Fraser, Martine B. Powell, and Nina J. Westera. "Special Measures in Child Sexual Abuse Trials: Criminal Justice Practitioners’ Experiences and Views." QUT Law Review 18, no. 2 (January 25, 2019): 1. http://dx.doi.org/10.5204/qutlr.v18i2.757.

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Special measures have been implemented across the globe to improve evidence procedures in child sexual assault trials. The present study explored the day-to-day experiences and views on their use by five groups of Australian criminal justice practitioners (N = 335): judges, prosecutors, defence lawyers, police officers and witness assistance officers. Most practitioners reported routine use of pre-recorded police interviews and CCTV cross-examination of child complainants, but rare use with vulnerable adults. Despite persistent technical difficulties and lengthy waiting times for witnesses, high consensus emerged that special measures enhanced trial fairness and jury understanding. The perceived impact of special measures on conviction rates diverged widely. Defence lawyers disputed that this evidence was as reliable as in-person testimony. All practitioner groups endorsed expanded use of expert witness evidence and witness intermediaries. Ongoing professional development in all practitioner groups will further enhance justice outcomes for victims of child sexual abuse.

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3

Kirchengast, Tyrone. "Victim legal representation and the adversarial criminal trial: A critical analysis of proposals for third-party counsel for complainants of serious sexual violence." International Journal of Evidence & Proof 25, no. 1 (January 2021): 53–72. http://dx.doi.org/10.1177/1365712720983931.

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The past several decades have witnessed a shift toward victim interests being considered and incorporated within adversarial systems of justice. More recently, some jurisdictions have somewhat contentiously considered granting sex offences complainants’ legal representation at trial. In Australia, the Royal Commission into Institutional Responses to Child Abuse (2017), the Royal Commission into Family Violence (2016) and the Victorian Law Reform Commission (2016) considered the potential role of legal counsel for complainants in the criminal trial process. While contrasting quite significantly with the traditional adversarial framework—which sees crime as contested between state and accused—legal representation for complainants is not unprecedented, and victims may already retain counsel for limited matters. Despite broader use of victim legal representation in the United States, Ireland and Scotland, and as recently considered by the Sir John Gillen Review in Northern Ireland, legal representation for sex offences complainants is only just developing in Australia. Notwithstanding recent reference to legal representation for complainants where sexual history or reputational evidence may be adduced, there exists no sufficient guidance as to how such representation may be integrated in the Australian criminal trial context. This article explores the implications of introducing such counsel in Australia, including the possible role of non-legal victim advocates.

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4

Renes, Cornelis M. B. "Alexis Wright’s The Swan Book: Indigenous-Australian Swansong or Songline?" Humanities 10, no. 3 (July 15, 2021): 89. http://dx.doi.org/10.3390/h10030089.

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The Swan Book (pub. 2013) by the Indigenous-Australian author Alexis Wright is an eco-dystopian epic about the Indigenous people’s tough struggle to regain the environmental balance of the Australian continent and recover their former habitat. The book envisions a dire future in which all Australian flora and fauna—humans included—are under threat, suffering, displaced, and dying out as the result of Western colonization and its exploitative treatment of natural resources. The Swan Book goes beyond the geographical and epistemological scope of Wright’s previous two novels, Plains of Promise (pub. 1997) and Carpentaria (pub. 2006) to imagine what the Australian continent at large will look like under the ongoing pressure of the Western, exploitative production mode in a foreseeable future. The occupation of Aboriginal land in Australia’s Northern Territory since 2007 has allowed the federal government to intervene dramatically in what they term the dysfunctional remote Aboriginal communities; these are afflicted by transgenerational trauma, endemic domestic violence, alcoholism, and child sexual and substance abuse—in themselves the results of the marginal status of Indigeneity in Australian society—and continued control over valuable resources. This essay will discuss how Wright’s dystopian novel exemplifies an Indigenous turn to speculative fiction as a more successful way to address the trials and tribulations of Indigenous Australia and project a better future—an enabling songline rather than a disabling swansong.

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5

Cashmore, Judith, Alan Taylor, and Patrick Parkinson. "Fourteen-Year Trends in the Criminal Justice Response to Child Sexual Abuse Reports in New South Wales." Child Maltreatment 25, no. 1 (June 5, 2019): 85–95. http://dx.doi.org/10.1177/1077559519853042.

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This study of attrition compares the prosecution of child sexual offenses reported while the complainant was still a child with those in which the report was delayed into adulthood; it also compares matters involving adult and young (under 18 years) suspects/defendants. It is based on an analysis of police and court administrative data in New South Wales, Australia over a 14-year period (2003–2016). Only one in five (21.6%) proceeded beyond the investigation stage. Criminal proceedings were more likely to commence when the alleged victim was 7–12 years old at the time of the incident, when the suspect was an adult and at least 10 years older than the victim, and also when the report to police was made when the victim was an adult. Just over half (55.5%) of the matters finalized in court resulted in a conviction. Cases in the higher courts were less likely to be dismissed and more likely to feature guilty pleas and convictions at trial than cases in the lower courts. The overall estimate is that only 12% of offenses reported to police resulted in a conviction, at a relatively stable rate over 14 years. These findings are consistent with those of comparable studies.

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6

Woiwod, Dayna M., and Deborah A. Connolly. "Continuous Child Sexual Abuse." Criminal Justice Review 42, no. 2 (May 22, 2017): 206–25. http://dx.doi.org/10.1177/0734016817704700.

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Due to calls for reform of legislation that accounts for the difficulties complainants of repeated child sexual abuse (CSA) face when asked to particularize individual acts, jurisdictions in the United States and Australia have adopted continuous CSA statutes. Continuous CSA statutes allow for reduced particularity of individual instances when abuse is repeated. In this article, we discuss particularization requirements and how they are adapted in current jurisdictions in the United States and Australia with continuous CSA statutes. We then discuss the relevant research on children’s memory for repeated events and frequency to discuss how current and future research can inform the criteria for the charge. Our goal in this article is to inspire thoughtful discussion of continuous CSA legislation, and how current and future psychological research can advance the criteria for the charge. As more jurisdictions consider adopting these statutes, it would be helpful for psychologists and legal professionals to work toward developing a consensus on the criteria for the charge that balances both the victim’s capabilities to particularize repeated CSA and various rights of the accused.

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7

Briggs, Freda. "Child sexual abuse and the legal system." Children Australia 32, no. 2 (2007): 4–7. http://dx.doi.org/10.1017/s1035077200011512.

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When Australia signed the UN Convention on the Rights of the Child in 1990, federal and state governments agreed, under Article 19, to create appropriate legislation and all necessary social and educational measures to protect children from all forms of abuse and exploitation and provide treatment and social support for victims and their carers. Seventeen years later, Australian child advocates are wondering where those services are, especially for those outside state capital cities. More importantly, where is the justice system that protects children and caters for victims of sexual abuse?Australia, in common with other former British colonies, inherited the Westminster adversarial system, described by Mallon and White (1995, p. 50, cited in McGrath 2005) as:

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8

Landwirth, Julius. "Children as Witnesses in Child Sexual Abuse Trials." Pediatrics 80, no. 4 (October 1, 1987): 585–89. http://dx.doi.org/10.1542/peds.80.4.585.

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When alleged child sexual abusers are prosecuted and brought to trial, child witnesses are often exposed to procedural requirements of the criminal justice system that may cause further psychologic trauma. These procedures are driven by the dual interests of pursuing the truth and protecting the constitutional rights of the accused to a fair trial with a presumption of innocence. Proposals for judicial reforms designed to balance both interests while shielding children from potential adverse effects of the process are discussed.

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9

Goldman, Juliette D. G., and Usha K. Padayachi. "The perpetrators of child sexual abuse in Queensland, Australia." Children Australia 25, no. 2 (2000): 28–34. http://dx.doi.org/10.1017/s103507720000969x.

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A retrospective study of 427 university students in Queensland, Australia, revealed that the majority of perpetrators of child sexual abuse were known to their victim. The rate of incestuous abuse before the age of 17 years was twice as high for females as for males. It was also much more likely that the respondent reported being abused by a male than a female, with stepfathers being one of the most frequently reported offenders. In contrast, strangers were found to perpetrate a minority of abuse. Consequently, recommendations are made for education programs in an effort to prevent children being abused by people whom they know and trust.

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10

Parkinson, Patrick N., R. Kim Oates, and Amanda A. Jayakody. "Child Sexual Abuse in the Anglican Church of Australia." Journal of Child Sexual Abuse 21, no. 5 (September 1, 2012): 553–70. http://dx.doi.org/10.1080/10538712.2012.689424.

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11

Goddard, Chris. "Child Sexual Abuse and Cleveland: Lessons to be Learned." Children Australia 15, no. 2 (1990): 69–71. http://dx.doi.org/10.1017/s1035077200002881.

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Kieran O'Hagan is an established social work practitioner and writer, currently employed as Principal Case Worker in Leeds, England. Kieran has numerous publications to his credit including Crises Intervention in Social Services (O'Hagan, 1986) and Working with Child Sexual Abuse (O'Hagan, 1989).Kieran visited Australia recently to run a series of workshops and I took the opportunity to interview him. The interview is published in two parts, and will be concluded in the next edition of Children Australia.

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12

Goldman, Ronald J., and Juliette D. G. Goldman. "The Prevalence and Nature of Child Sexual Abuse in Australia." Australian Journal of Sex, Marriage and Family 9, no. 2 (May 1988): 94–106. http://dx.doi.org/10.1080/01591487.1988.11004405.

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13

Bates, Frank. "Evidence, Child Sexual Abuse and the High Court of Australia." International and Comparative Law Quarterly 39, no. 2 (April 1990): 413–19. http://dx.doi.org/10.1093/iclqaj/39.2.413.

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14

Mathews, Ben, Leah Bromfield, and Kerryann Walsh. "Comparing Reports of Child Sexual and Physical Abuse Using Child Welfare Agency Data in Two Jurisdictions with Different Mandatory Reporting Laws." Social Sciences 9, no. 5 (May 11, 2020): 75. http://dx.doi.org/10.3390/socsci9050075.

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Empirical analysis has found that mandatory reporting legislation has positive effects on case identification of child sexual abuse both initially and over the long term. However, there is little analysis of the initial and ongoing impact on child protection systems of the rate of reports that are made if a reporting duty for child sexual abuse is introduced, especially when compared with rates of reports for other kinds of child maltreatment. This research analysed government administrative data at the unique child level over a seven-year period to examine trends in reports of child sexual abuse, compared with child physical abuse, in two Australian states having different socio-legal dimensions. Data mining generated descriptive statistics and rates per 100,000 children involved in reports per annum, and time trend sequences in the seven-year period. The first state, Western Australia, introduced the legislative reporting duty in the middle of the seven-year period, and only for sexual abuse. The second state, Victoria, had possessed mandatory reporting duties for both sexual and physical abuse for over a decade. Our analysis identified substantial intra-state increases in the reporting of child sexual abuse attributable to the introduction of a new legislative reporting duty, and heightened public awareness resulting from major social events. Victoria experienced nearly three times as many reports of physical abuse as Western Australia. The relative burden on the child protection system was most clearly different in Victoria, where reports of physical abuse were relatively stable and two and a half times higher than for sexual abuse. Rates of children in reports, even at their single year peak, indicate sustainable levels of reporting for child welfare agencies. Substantial proportions of reports were made by both legislatively mandated reporters, and non-mandated community members, suggesting that government agencies would benefit from engaging with communities and professions to enhance a desirable reporting practice.

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15

Holland, Grant. "Child Abuse and Mandatory Reporting." Australian Journal of Primary Health 2, no. 4 (1996): 73. http://dx.doi.org/10.1071/py96058.

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In Victoria, and to some extent Australia, the last two decades have seen some clarification in the classification of the various forms of child maltreatment and abuse. Currently, the major forms of child abuse are acknowledged as being:In Victoria, and to some extent Australia, the last two decades have seen some clarification in the classification of the various forms of child maltreatment and abuse. Currently, the major forms of child abuse are acknowledged as being physical abuse or non-accidental physical injury; sexual abuse and exploitation; emotional/psychological abuse and neglect. These forms of maltreatment often convey an implied message of non-accidental or committed harm against children. Abuse, however, can often occur by neglect or a failure to protect children, and therefore can be characterised as abuse by ommission. Many practitioners and professionals now use the term 'child abuse and neglect' rather than the single 'child abuse' term.

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16

Holland, Grant. "Child abuse and mandatory reporting: A review in progress." Children Australia 22, no. 3 (1997): 35–39. http://dx.doi.org/10.1017/s1035077200008270.

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In Victoria, and to some extent Australia, the last two decades have seen some clarification in the classification of the various forms of child maltreatment and abuse. Currently, the major recognised forms of child abuse are acknowledged as being:• physical abuse or non-accidental physical injury;• sexual abuse and exploitation;• emotional/psychological abuse; and• neglect.

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17

Goldman, Juliette, and Usha Padayachi. "Factors influencing school counsellors' decision to report cases of child sexual abuse." Journal of Psychologists and Counsellors in Schools 11 (November 2001): 65–84. http://dx.doi.org/10.1017/s1037291100004349.

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This study examines factors which influence school counsellors' decision to report suspected cases of child sexual abuse. Using a state-wide sample of 122 school counsellors, consisting of 52 males and 70 females, in Queensland, Australia, results show there was a tendency for school counsellors to under-report their suspicions of child sexual abuse. The factors which influenced school counsellors to report cases of sexual abuse were fear that the child was at risk for further abuse, and an ethical/moral obligation to report.

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18

Erooga, Marcus, and Keith L. Kaufman. "Introduction to Special Issue on Prevention of Child Sexual Abuse." Journal of Interpersonal Violence 34, no. 20 (September 5, 2019): 4195–98. http://dx.doi.org/10.1177/0886260519869233.

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This Special Edition brings together innovative research from leading figures in their field of work from the USA, UK and Australia. With its focus on prevention, it is designed to highlight a broad international sample of cutting-edge child sexual abuse prevention thinking, intended to both spur additional prevention research and sharing these creative approaches to preventing sexual abuse.

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19

Goldman, Juliette D. G., and Usha K. Padayachi. "The prevalence and nature of child sexual abuse in Queensland, Australia." Child Abuse & Neglect 21, no. 5 (May 1997): 489–98. http://dx.doi.org/10.1016/s0145-2134(97)00008-2.

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20

Hatty, Suzanne E. "Of nightmares and sexual monsters: Struggles around child abuse in Australia." International Journal of Law and Psychiatry 14, no. 3 (January 1991): 255–67. http://dx.doi.org/10.1016/0160-2527(91)90007-a.

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21

Giliker, Paula. "ANALYSING INSTITUTIONAL LIABILITY FOR CHILD SEXUAL ABUSE IN ENGLAND AND WALES AND AUSTRALIA: VICARIOUS LIABILITY, NON-DELEGABLE DUTIES AND STATUTORY INTERVENTION." Cambridge Law Journal 77, no. 3 (September 24, 2018): 506–35. http://dx.doi.org/10.1017/s0008197318000685.

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AbstractThis paper will argue that, in the light of recent case law in the UK and Australia, a new approach is needed when dealing with claims for vicarious liability and non-delegable duties in the law of tort. It will submit that lessons can be learnt from a comparative study of these jurisdictions, notably by reflecting on the courts’ treatment of claims of institutional liability for child sexual abuse. In parallel to decisions of their highest courts, public enquiries in Australia and England and Wales, established to report on historic child sexual abuse and how to engage in best practice, are now reporting their findings which include proposals for victim reparation: see Royal Commission into Institutional Responses to Child Sexual Abuse (Australia, 2017) including its Redress and Civil Litigation Report (2015); Independent Inquiry into Child Sexual Abuse (Interim report, England and Wales, 2018). The Australian reports suggest reforms not only to state practice, but also to private law. This article will critically examine the operation of vicarious liability and non-delegable duties in England and Wales and Australia and proposals for statutory intervention. It will submit that a more cautious incremental approach is needed to control the ever-expanding doctrine of vicarious liability in UK law and to develop more fully its more restrictive Australian counterpart.

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22

Mathews, Ben, Chris Goddard, Bob Lonne, Stephanie Short, and Freda Briggs. "Developments in Australian laws requiring the reporting of suspected child sexual abuse." Children Australia 34, no. 3 (2009): 18–23. http://dx.doi.org/10.1017/s1035077200020101.

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Thousands of Australian children are sexually abused every year, and the effects can be severe and long lasting. Not only is child sexual abuse a public health problem, but the acts inflicted are criminal offences. Child sexual abuse usually occurs in private, typically involving relationships featuring a massive imbalance in power and an abuse of that power. Those who inflict child sexual abuse seek to keep it secret, whether by threats or more subtle persuasion. As a method of responding to this phenomenon and in an effort to uncover cases of sexual abuse that otherwise would not come to light, governments in Australian States and Territories have enacted legislation requiring designated persons to report suspected child sexual abuse. With Western Australia’s new legislation having commenced on 1 January 2009, every Australian State and Territory government has now passed these laws, so that there is now, for the first time, an almost harmonious legislative approach across Australia to the reporting of child sexual abuse. Yet there remain differences in the State and Territory laws regarding who has to make reports, which cases of sexual abuse are required to be reported, and whether suspected future abuse must be reported. These differences indicate that further refinement of the laws is required.

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23

Klemfuss, J. Zoe, Jodi A. Quas, and Thomas D. Lyon. "Attorneys' Questions and Children's Productivity in Child Sexual Abuse Criminal Trials." Applied Cognitive Psychology 28, no. 5 (July 1, 2014): 780–88. http://dx.doi.org/10.1002/acp.3048.

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24

Burgess, Ann W., Carol R. Hartman, Susan J. Kelley, Christine A. Grant, and Ellen B. Gray. "Parental response to child sexual abuse trials involving day care settings." Journal of Traumatic Stress 3, no. 3 (July 1990): 395–405. http://dx.doi.org/10.1002/jts.2490030308.

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25

Goldman, Juliette D. G., and Usha K. Padayachi. "Factors influencing school counsellors' decision not to report child sexual abuse." Children Australia 27, no. 1 (2002): 28–37. http://dx.doi.org/10.1017/s1035077200004946.

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Using a state-wide sample of 122 school counsellors (52 males and 70 females) in Queensland, Australia, factors which influenced their decision not to report child sexual abuse were examined. These factors were a lack of evidence; lack of confidence in the authorities to accurately evaluate or protect sexually abused children; adverse effects on the family's social standing in the community; potential to break up the family; and the fear of breaking counsellor-client confidentiality. Further, school counsellors were not likely to report all cases of child sexual abuse when they suspected it, thus confirming the popular belief that child sexual abuse is under-reported by them.

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Goldman, Juliette D. G., and Usha K. Padayachi. "School counsellors' knowledge of the nature of child sexual abuse and proceedures and laws." Australian Journal of Guidance and Counselling 10, no. 1 (November 2000): 1–18. http://dx.doi.org/10.1017/s1037291100004106.

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All school counsellors employed by the State Department of Education in Queensland, Australia, were sent a questionnaire asking about their understanding of child sexual abuse, and their familiarity with procedures and current laws. Results from the 122 respondents (52 males and 70 females), show that they have diverse knowledge of child sexual abuse. There was uncertainty among them as to whether their school had a formal procedure for reporting cases. Most school counsellors have a general knowledge of the laws in Queensland on reporting suspected cases of abuse, but only a minority of them know what the laws require them to do. When asked to describe the laws in Queensland, counsellors who indicated they knew about the law, then described four differing laws. In terms of knowledge of child sexual abuse, females made more accurate statements about sexual abuse than males. Training does contribute to improving counsellors' knowledge of child sexual abuse.

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27

Salter, Michael. "Child Sexual Abuse and Exploitation: Guest Editor’s Introduction." International Journal for Crime, Justice and Social Democracy 4, no. 2 (July 1, 2015): 1–3. http://dx.doi.org/10.5204/ijcjsd.v4i2.240.

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One of the most unnerving aspects of child sexual abuse is that it is constantly manifesting in unexpected ways. The current Royal Commission into Institutional Responses to Child Sexual Abuse has collected testimony of abuse in churches, schools, out-of-home care, hospitals and religious communities, demonstrating the breadth of institutional arrangements whose structures and cultures have facilitated child sexual abuse. Cases of serious and prolonged sexual abuse in family contexts have been excluded from the terms of reference of the Royal Commission but nonetheless continue to surface in media reports. In 2013, twelve children were permanently removed from an extended family living in rural NSW in what has been described as one of the worst cases of child abuse in Australia, involving intergenerational incest going back at least three generations (Auebach 2014). Another recent high-profile case involved the use of the Internet to facilitate the sexual exploitation of an adopted child by his parents in Queensland (Ralston 2013). These cases challenge the received wisdom that child sexual abuse is characterised by the victimisation of one child by one opportunistic offender. Such incidents suggest instead that child sexual abuse takes varied and systemic forms, and can operate to perpetuate and entrench toxic cultures and power structures. This special issue on Child Sexual Abuse and Exploitation is a timely contribution to ongoing efforts to understand the multiplicity of child sexual abuse. It is an interdisciplinary collection of insights drawn from criminology, sociology, psychiatry, psychology and psychoanalysis, and includes papers from academic researchers alongside academic practitioners whose writing is grounded in their work with affected individuals and communities. A key aim of the special issue is to contextualise the diversity of child sexual abuse socially, politically and historically, recognising the dynamic and iterative relationships between sexual abuse and the contexts in which it takes place. The contributions to this special issue examine how the diversity and dynamics of abuse unfold at the individual, community and social level, and across time. The issue is focused on emerging or under-recognised forms of child sexual abuse, such as organised abuse and sexual exploitation, which illustrate recent shifts in the knowledge base and require new and innovative criminological thinking.Download the PDF file from this page to find out more about this special edition.

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Zajac, Rachel, Nina Westera, and Andy Kaladelfos. "The “Good Old Days” of Courtroom Questioning: Changes in the Format of Child Cross-Examination Questions Over 60 Years." Child Maltreatment 23, no. 2 (October 11, 2017): 186–95. http://dx.doi.org/10.1177/1077559517733815.

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Recent decades have seen an explosion of research into children’s eyewitness capabilities and resulted in legal reform to render the adversarial trial process more child friendly. Many, however, have been left with the feeling that the most intimidating legal process for child complainants—cross-examination—has not changed meaningfully despite its potential to distort children’s evidence. To test this possibility, we compared the cross-examination questioning of Australian child sexual abuse complainants in the 1950s to that used in contemporary cases. We found that the format of cross-examination questions has remained largely consistent over time, with leading questions still making up the bulk of the questions asked. The changes that we did observe, however, are concerning. Cross-examination questions posed to contemporary child complainants were less likely to be open-ended and more likely to be complex, relative to those asked in the 1950s. Crucially, contemporary complainants were asked 3 times as many cross-examination questions as they were 60 years ago. These changes are likely to have detrimental effects on child complainants and their evidence and could reduce the ability of jurors to reach just outcomes in these cases.

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29

Purvis, Mayumi, and Andrew Joyce. "Child Sexual Abuse is a Global Public Health Problem: Where is Australia?" Psychiatry, Psychology and Law 12, no. 2 (July 2005): 334–44. http://dx.doi.org/10.1375/pplt.12.2.334.

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30

Mills, Susan, and Stefanie J. Sharman. "Other misconduct evidence in appeals against conviction in child sexual abuse trials." Psychiatry, Psychology and Law 25, no. 6 (July 2018): 944–56. http://dx.doi.org/10.1080/13218719.2018.1482572.

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31

Seymour, Fred, Suzanne Blackwell, Sarah Calvert, and Briar McLean. "Counterintuitive Expert Psychological Evidence in Child Sexual Abuse Trials in New Zealand." Psychiatry, Psychology and Law 21, no. 4 (October 2013): 511–22. http://dx.doi.org/10.1080/13218719.2013.839930.

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32

Kovera, Margaret Bull, and Eugene Borgida. "Expert testimony in child sexual abuse trials: the admissibility of psychological science." Applied Cognitive Psychology 11, no. 7 (December 1997): S105—S129. http://dx.doi.org/10.1002/(sici)1099-0720(199712)11:73.0.co;2-#.

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33

Death, Jodi. "Bad Apples, Bad Barrel: Exploring Institutional Responses to Child Sexual Abuse by Catholic Clergy in Australia." International Journal for Crime, Justice and Social Democracy 4, no. 2 (July 1, 2015): 94–110. http://dx.doi.org/10.5204/ijcjsd.v4i2.229.

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This paper considers constructions of institutional culture and power in the cover-up of child sexual abuse (CSA) by clergy in the Roman Catholic Church of Australia. The issue of cover-up has previously been considered in international inquiries as an institutional failing that has caused significant harm to victims of CSA by Catholic Clergy. Evidence given by select representatives of the Catholic Church in two government inquiries into institutional abuse carried out in Australia is considered here. This evidence suggests that, where cover-up has occurred, it has been reliant on the abuse of institutional power and resulted in direct emotional, psychological and spiritual harm to victims of abuse. Despite international recognition of cover-up as institutional abuse, evidence presented by Roman Catholic Representatives to the Victorian Inquiry denied there was an institutionalised cover-up. Responding to this evidence, this paper queries whether the primary foundation of cover-up conforms to the ‘bad apple theory’ in that it relates only to a few individuals, or the ‘bad barrel theory’ of institutional structure and culture.

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34

St. George, Suzanne, Anastacia Garcia-Johnson, Emily Denne, and Stacia N. Stolzenberg. "“Did You Ever Fight Back?” Jurors’ Questions to Children Testifying in Criminal Trials About Alleged Sexual Abuse." Criminal Justice and Behavior 47, no. 8 (July 6, 2020): 1032–54. http://dx.doi.org/10.1177/0093854820935960.

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The current study examined jurors’ questions to children in criminal trials assessing children’s allegations of sexual abuse, demonstrating a new avenue for studying how jurors think about, respond to, and assess evidence. We used qualitative content analysis to examine jurors’ questions to 134, 5- to 17-year-olds alleging sexual abuse in criminal trial testimonies. Five themes emerged: abuse interactions, contextual details of abuse, children’s reactions to abuse, children’s (delayed) disclosure, and case background details. Jurors often ask about abuse dynamics, the context surrounding abuse, and children’s disclosure processes, reflecting common misconceptions about child sexual abuse (CSA), such as whether it is credible to delay disclosure or maintain contact with an alleged perpetrator. This study improves our understanding of how jurors understand and evaluate children’s reports of alleged CSA, suggesting that jurors may struggle to understand children’s reluctance.

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35

Mathews, Ben, and Delphine Collin-Vézina. "Child Sexual Abuse: Toward a Conceptual Model and Definition." Trauma, Violence, & Abuse 20, no. 2 (November 2, 2017): 131–48. http://dx.doi.org/10.1177/1524838017738726.

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The problem of defining “child sexual abuse” (CSA), and the need to define this concept, has been recognized by major policy bodies and leading researchers since the 1970s. Recent demands for a more theoretically robust, explicit definition of CSA show this challenge remains urgent. In this article, we identify problems caused by variance in definitions of CSA for five domains: research and knowledge formation, legal frameworks and principles, prevention efforts, policy responses, and the establishment of social norms. We review and analyze definitions used in leading international epidemiological studies, national and international policy documents, social science literature, and legal systems in the United States, Canada, and Australia to demonstrate the continuing use of different concepts of CSA and identify key areas of conceptual disagreement. Informed by our literature review, we use a methodology of conceptual analysis to develop a conceptual model of CSA. The purpose of this model is to propose a more robust, theoretically sound concept of CSA, which clarifies its defining characteristics and distinguishes it from other concepts. Finally, we provide operational examples of the conceptual model to indicate how it would translate to a classificatory framework of typologies of acts and experiences. A sound conceptual model and classificatory system offers the prospect of more appropriate and effective methods of research, response, regulation, and prevention. While total consensus is unattainable, this analysis may assist in developing understanding and advancing more coherent approaches to the conceptual foundation of CSA and its operationalization.

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Blake, Garth. "Child Protection and the Anglican Church of Australia." Journal of Anglican Studies 4, no. 1 (June 2006): 81–105. http://dx.doi.org/10.1177/1740355306064520.

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ABSTRACTIn the last decade the sexual abuse of children by some clergy and church workers in the Anglican Church of Australia has become a serious public issue. There have been criminal convictions, civil litigation, inquiries, Church discipline and resignations. Initial responses in the 23 dioceses were reactive and inconsistent. Beginning in 2001 the General Synod took initiatives to develop national strategies to respond to this growing crisis. The culmination of these initiatives occurred at the 2004 General Synod. By the passing of several resolutions and canons the Church at a national level expressed a commitment to, and set out detailed comprehensive and uniform strategies for, the protection of children.

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Blake, Garth. "General Synod of the Anglican Church of Australia." Ecclesiastical Law Journal 18, no. 1 (December 10, 2015): 98–101. http://dx.doi.org/10.1017/s0956618x15000940.

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The 16th General Synod of the Anglican Church of Australia was held in Adelaide from 29 June to 3 July 2014. This report covers the major pieces of legislation dealt with at this session, as well as resolutions relating to the Anglican Communion, Church discipline and the Royal Commission into Institutional Responses to Child Sexual Abuse.

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Bates, Frank. "Can We Accept the Acceptable?: Evidence and procedure in child sexual abuse cases in recent Australian law." Children Australia 17, no. 3 (1992): 13–16. http://dx.doi.org/10.1017/s1035077200013286.

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In an earlier article (Bates, 1990), it was suggested that the test enunciated by the High Court of Australia in In the Marriage of M (1988) F.L.C. 91–979 for denying custody or access in cases where there had been allegations of child sexual abuse was inappropriate. In that case, it will be remembered, the High Court stated (at 77,081) that: To achieve a proper balance, the test is best expressed by saying that a court will not grant custody or access to a parent if that custody or access would expose the child to an unacceptable risk of sexual abuse.

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Aiffah, Ghaisani Ikramina, and Wandera Ahmad Religia. "Child Sexual Abuse Prevention Program: Reference to the Indonesian Government." Jurnal PROMKES 8, no. 2 (September 24, 2020): 238. http://dx.doi.org/10.20473/jpk.v8.i2.2020.238-252.

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Background: Child Sexual Abuse (CSA) was a global problem widespread in many countries. Komisi Perlindungan Anak Indonesia or Indonesian Children Protection Commission (KPAI) recorded as many as 1.880 children become victims of sexual abuse such as rape, fornication, sodomy and paedophilia. The Government of Indonesia become made become efforts both national and international scale, but there is no effective and applicable program that has been implemented. Objective: The purpose of this article was to analyse the programs had been implemented to prevent sexual violence against children. Method: This article was a literature study by examining 38 articles related to the program against child abuse. The researcher was looking for reference sources from the Science Direct, Sage pub and Google Scholar online become. The keywords used were Child Sex Abuse Prevention Program, Parenting Program, Parent Training, Parent Intervention, Maltreatment, Violence, and Violence Prevention. Result: In children, programs that had been implemented include C-SAPE; IGEL; Train the trainer; BST; A program for minorities in Australia; Cool and Safe. For parents, the programs that had been applied include ACT-RSK; Triple-P; RETHINK; The Incredible Years Parents, Teachers, and Children Training Series; PACE; The Making Choices and Strong Families; The African Migrant Parenting; Strengthening Families; 123 Magic; PDEP and FAST. Conclusion: The sexual violence prevention program for children that can be implemented by the Indonesian government was using teaching methods based on school curricula that can be delivered by teachers. For parent, the program that could be implemented by the Indonesian government was using positive parenting methods that focus on preventing sexual violence against children and delivered by expert facilitators. To reach children and families with different cultural backgrounds, the Indonesian government could adapt sexual violence prevention programs for the Australian minorities and The African Migrant Parenting.

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Guerzoni, Michael Andre, and Hannah Graham. "Catholic Church Responses to Clergy-Child Sexual Abuse and Mandatory Reporting Exemptions in Victoria, Australia: A Discursive Critique." International Journal for Crime, Justice and Social Democracy 4, no. 4 (December 1, 2015): 58–75. http://dx.doi.org/10.5204/ijcjsd.v4i4.205.

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This article presents empirical findings from a critical discourse analysis of institutional responses by the Catholic Church to clergy-child sexual abuse in Victoria, Australia. A sample of 28 documents, comprising 1,394 pages, is analysed in the context of the 2012-2013 Victorian Inquiry into the Handling of Child Abuse by Religious and Other Organisations. Sykes and Matza’s (1957) and Cohen’s (1993) techniques of, respectively, neutralisation and denial are used to reveal the Catholic Church’s Janus-faced responses to clergy-child sexual abuse and mandatory reporting requirements. Paradoxical tensions are observed between Catholic Canonical law and clerical practices, and the extent of compliance with secular law and referral of allegations to authorities. Concerns centre on Church secrecy, clerical defences of the confessional in justification of inaction, and the Melbourne Response compensation scheme. Our research findings underscore the need for greater Church transparency and accountability; we advocate for mandatory reporting law reform and institutional reform, including adjustments to the confessional ritual.

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Death, Jodi. "Identity, Forgiveness and Power in the Management of Child Sexual Abuse by Personnel in Christian Institutions." International Journal for Crime, Justice and Social Democracy 2, no. 1 (April 30, 2013): 82–97. http://dx.doi.org/10.5204/ijcjsd.v2i1.92.

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The ongoing crises of child sexual abuse by Christian institutions leaders across the Anglophone world continue to attract public attention and public inquiries. The pervasiveness of this issue lends credence to the argument that the prevailing ethos functioning within some Christian Institutions is one which exercises influence to repeatedly mismanage allegations of child sexual abuse by Church leaders. This work draws on semi-structured interviews conducted with 15 Personnel in Christian Institutions (PICIs) in Australia who were identified as being pro-active in their approach to addressing child sexual abuse by PICIs. From these data, themes of power and forgiveness are explored through a Foucaultian conceptualising of pastoral power and ‘truth’ construction. Forgiveness is viewed as a discourse which can have the power effect of either silencing or empowering victim/survivors. The study concludes that individual PICIs’ understandings of the role of power in their praxis influences outcomes from the deployment of forgiveness.

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Featherstone, Lisa. "Look the Other Way: Dealing with Child Sexual Abuse Outside of Institutions in 1980s Australia." Australian Historical Studies 49, no. 3 (June 20, 2018): 290–306. http://dx.doi.org/10.1080/1031461x.2018.1474933.

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Blake, George P., and Katherine J. McGregor. "The Role of the Medical Examination in Assessment of Child Sexual Abuse in South Australia." Journal of Child Sexual Abuse 7, no. 3 (March 2, 1999): 89–96. http://dx.doi.org/10.1300/j070v07n03_06.

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Walsh, Kerryann, Donna Berthelsen, Jan M. Nicholson, Leisa Brandon, Judyann Stevens, and Jerome N. Rachele. "Child sexual abuse prevention education: A review of school policy and curriculum provision in Australia." Oxford Review of Education 39, no. 5 (October 2013): 649–80. http://dx.doi.org/10.1080/03054985.2013.843446.

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Whelen, John D. "A response to the Royal Commission into institutional responses to child sexual abuse in Australia." Educational Philosophy and Theory 52, no. 14 (March 3, 2020): 1458–69. http://dx.doi.org/10.1080/00131857.2020.1730811.

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Parkinson, Patrick, Amanda Jayakody, and Kim Oates. "Breaking the Long Silence: Reports of child sexual abuse in the Anglican Church of Australia." Ecclesiology 6, no. 2 (April 1, 2010): 183–200. http://dx.doi.org/10.1163/174413610x493791.

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Freckelton, Ian. "Child sexual abuse accommodation evidence: the travails of counterintuitive evidence in Australia and New Zealand." Behavioral Sciences & the Law 15, no. 3 (1997): 247–83. http://dx.doi.org/10.1002/(sici)1099-0798(199722/06)15:3<247::aid-bsl272>3.0.co;2-h.

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Lynch, Andrew P. "Negotiating Social Inclusion: The Catholic Church in Australia and the Public Sphere." Social Inclusion 4, no. 2 (April 19, 2016): 107–16. http://dx.doi.org/10.17645/si.v4i2.500.

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This paper argues that for religion, social inclusion is not certain once gained, but needs to be constantly renegotiated in response to continued challenges, even for mainstream religious organisations such as the Catholic Church. The paper will analyse the Catholic Church’s involvement in the Australian public sphere, and after a brief overview of the history of Catholicism’s struggle for equal status in Australia, will consider its response to recent challenges to maintain its position of inclusion and relevance in Australian society. This will include an examination of its handling of sexual abuse allegations brought forward by the Royal Commission into Institutional Responses to Child Sexual Abuse, and its attempts to promote its vision of ethics and morals in the face of calls for marriage equality and other social issues in a society of greater religious diversity.

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Kisely, Steve, Amanuel Alemu Abajobir, Ryan Mills, Lane Strathearn, Alexandra Clavarino, and Jake Moses Najman. "Child maltreatment and mental health problems in adulthood: birth cohort study." British Journal of Psychiatry 213, no. 6 (September 28, 2018): 698–703. http://dx.doi.org/10.1192/bjp.2018.207.

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BackgroundRetrospective studies have shown a high association between child abuse and subsequent psychiatric morbidity. Prospective studies are rarer.AimsTo examine, using a prospective record-linkage analysis, whether substantiated child maltreatment is associated with adverse psychological outcomes in early adulthood.MethodThe participants were 3778 mother and child pairs enrolled in a population-based birth cohort study in Brisbane, Australia. Exposure to suspected child maltreatment was measured by linkage with state child protection agency data. The primary outcomes were the internalising and externalising scales of the Youth Self-Report and the Centre for Epidemiological Studies-Depression scales (CES-D) at approximately 21 years of age. A subset completed the Composite International Diagnostic Interview-Auto version (CIDI-Auto).ResultsIn total, 171 (4.5%) participants had a history of substantiated child maltreatment, most commonly emotional abuse (n= 91), followed by physical abuse (n= 78), neglect (n= 73) and sexual abuse (n= 54). After adjustment for potential confounders, depressive symptoms on the CES-D, as well as internalising and externalising behaviours were strongly associated with substantiated abuse in all forms, except sexual abuse. The results for the subset of the sample who completed the CIDI-Auto were less clear. Anxiety, especially post-traumatic stress disorder, showed the strongest association whereas the findings for depressive disorder were equivocal. However, across all diagnostic categories, emotional abuse and neglect, as well as multiple forms of abuse, showed a consistent association.ConclusionsChild maltreatment, particularly neglect and emotional abuse, has serious adverse effects on early adult mental health. These two warrant the attention given to other forms of child maltreatment. Children experiencing more than one type of maltreatment are at particular risk.Declaration of interestNone.

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Leach, Chelsea, Martine B. Powell, Stefanie J. Sharman, and Jeromy Anglim. "The Relationship Between Children’s Age and Disclosures of Sexual Abuse During Forensic Interviews." Child Maltreatment 22, no. 1 (October 26, 2016): 79–88. http://dx.doi.org/10.1177/1077559516675723.

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Children’s disclosures of sexual abuse during forensic interviews are fundamental to the investigation of cases. Research examining the relationship between age and disclosure has shown mixed results; the aim of the current study was to clarify and extend our knowledge by modeling linear, quadratic, and interaction effects of age on disclosure. Child sexual abuse reports made by children, their caregivers, or mandated reporters over a 12-month period to police in one state of Australia were examined. Of the 527 children (age range 3–16 years) offered a forensic interview, 81% disclosed abuse during it. The other 19% did not disclose or refused the interview. Age had both linear and quadratic effects, whereby disclosure increased with age until 11 years, after which disclosure decreased with age to 16 years. The effect of age on disclosure was moderated by five variables: abuse severity, the child–suspect relationship, suspects’ violence histories, delay of report to police, and children’s previous disclosures. Particular groups of children had lower likelihoods of disclosing abuse in forensic interviews than others, such as adolescents who alleged abuse against suspects with histories of violent offending. By identifying these groups, targeted strategies may be developed to help increase their disclosure rates.

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