NCJ Number
116609
Journal
Law Institute Journal Volume: 61 Dated: (October 1987) Pages: 1006-1010
Date Published
1987
Length
5 pages
Annotation
This article states the objectives of separate and independent legal representation of child victims, reviews the child victim's and accused's rights under Victorian law (Australia), and outlines the lawyer's role in representing a child victim.
Abstract
The separate legal representation of child victims of physical and sexual assault focuses on protecting the interests of children who will be prosecution witnesses in an adult criminal court. Such representation should give the child an independent voice in a process that severely limits the participation of children except on conditions set by the prosecution and the accused. The present law can be used, without the immediate need for major law reform, to protect all parties, including the accused. Under the Family Law Act, children's rights of separate representation are clearly established, and the new Adoption Act also provides for such representation. Among the responsibilities of the attorney representing the child witness are to interview the adult in charge of the child as part of determining the options available for helping the child, making legal aid application on the child's behalf, advising on immediate steps to protect the child, and assessing the effects of legal proceedings on the child through a psychologist's/psychiatrist's report. The article addresses problems posed by the rules of evidence in child sexual assault cases and lists some of the pertinent issues in child representation that still require debate.