NCJ Number
115400
Journal
Australian and New Zealand Journal of Criminology Volume: 21 Issue: 4 Dated: (December 1988) Pages: 241-252
Date Published
1988
Length
12 pages
Annotation
This article analyzes the way cases of child sexual assault were addressed in the criminal justice system of New South Wales (Australia) prior to the introduction in 1985 of legislative amendments related to child sexual assault. The study includes all indictable cases of child sexual assault finalized in New South Wales higher courts during 1982 (n=380).
Abstract
The first issue examined was the progression of cases through the various stages of the criminal justice system, including changes in both the number of cases and the type of charges facing defendants at each stage. The study found that a large proportion of cases proceeded from committal to conviction, and there were few changes in the charges from arrest to indictment. The charges laid against some defendants, however, did not adequately reflect the seriousness of the alleged behavior in terms of the number and duration of the offenses against the victim. The second issue examined concerned the factors influencing the progression of cases through the criminal justice system. Differences in the way in which cases were handled at each stage of the proceedings were associated with the relationship between the complainant and the defendant and the complainant's age. The third issue explored concerned the main features of the prosecution process affecting both complainants and defendants. Fifty-nine children gave evidence at committal, and 14 also gave evidence at trial. There is an urgent need to reduce the delays between the various stages of prosecution. Long delays make it difficult for children to recall accurately the details of the incident about which they will be questioned. 7 notes, 17 references.