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Children Seeking Justice: Are Sexually Assaulted Children Achieving Justice in New South Wales (NSW)?Download this presentation (Part 1) - 650KB PDF AuthorM.J. Roberts SpeakerM.J. Roberts OrganisationEducation Centre Against Violence, AUSTRALIA. AimDetermine the effectiveness of NSW institutions responding to child sexual abuse (CSA). MethodsCSA data/reports published 1990-2003 by NSW Health, Department of Community Services (DoCS), Joint Investigative Response Teams (JIRTs), Bureau of Crime Statistics and Research (BOCSAR), Parliament Legislative Council Standing Committee on Law and Justice and the Judicial Commission were reviewed. Unpublished data were available from some. Data definitions/reporting periods differ between agencies. For DoCS, choice of data published has changed and no data were published for 1996/97 or 2003/04. NSW Health has not published CSA data since 1997/98. Nonetheless, temporal trends and associations are evident. Partly due to new mandatory reporting requirements (1998), notifications to DoCS of all forms of child abuse and neglect rose between 1995/96 (28,930) and 2002/03 (109,498). This was associated with: significant delays; reduced proportion of cases investigated; reduced numbers of children for whom DoCS substantiated CSA; reduced number of children seen by NSW Health Sexual Assault Services (SASs).'start-up' problems with JIRTs (investigative units, comprising police and DoCS officers: commenced 1997) may have contributed to these effects. Each year, JIRTs investigate ~4000 cases of serious child abuse (92% of which are CSA); 14% finalised by arrest. The advent of JIRTs was associated with fewer alleged offenders appearing in Courts (down one-third since 1998) and a trend for CSA matters dealt with in Local Courts (versus District Courts). This was associated with significant decreases in the proportion of defendants convicted, the proportion of offenders imprisoned and average minimum duration of custodial sentences (BOCSAR data). Is the abuse stopped? Minimum 1 in 6 renotified for CSA within 6 years. Is the child/family provided the means to recover? Children seen by SASs halved 1992/93 (2280) to 2000/01. Is the perpetrator held to account? Possibly less frequently; certainly with less risk of imprisonment than in the early 1990s. For 1991-2002 inclusive, BOCSAR reported 3311 convictions for sexual offences against children while DoCS reported CSA substantiated in ~33,000 children. Is the child compensated? No CSA offender was required to compensate the victim. For 1996-2003 inclusive, the Victims Compensation Tribunal compensated 5778 CSA victims - one third the number of children for whom DoCS substantiated CSA. Are the child's needs quickly met? Parent reports: no. Is the child abused by 'the system'? Despite Court procedure changes, delays are common and children may face hostile questioning. A full measure of justice is not often achieved. PresentationPaper BiographyMargret Roberts has a Masters Degree in Social Work, and has worked with children, young people and their families since 1984. She has been counselling sexual assault victims, especially children and their carers, for more than 15 years including the provision of acute response, crisis and longer-term counselling and assistance through criminal court proceedings. Margret is a Senior Health Educator at the Education Centre Against Violence, a NSW Health organisation which provides training and resources for health workers and other professionals working with culturally diverse children and adults who have experienced sexual assault, domestic violence or physical or emotional abuse or neglect. Margret has a special interest in the needs of sexually assaulted children and has been involved in the development of innovative programs and law reforms to promote new ways of assisting children as they encounter the criminal justice system.
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