Responding to Child Sexual Abuse: The Criminal Justice System

1997 ◽  
Vol 6 (2) ◽  
pp. 128-140 ◽  
Author(s):  
Viv Prior ◽  
Danya Glaser ◽  
Margaret A. Lynch
1999 ◽  
Vol 4 (1) ◽  
pp. 32-44 ◽  
Author(s):  
Theodore P. Cross ◽  
Diane Martell ◽  
Elizabeth McDonald ◽  
Marilyn Ahl

2006 ◽  
Vol 10 (1) ◽  
pp. 125-138 ◽  
Author(s):  
Shirley Jülich

Restorative justice for adults in New Zealand has made a cautious start, although crimes of gendered violence are typically excluded. The findings reported in this article draw on interviews of adult survivors of child sexual abuse (eighteen women and three men), asking them to describe their experiences with the abuse and its impact, and to suggest changes to the criminal justice system, which would provide them with a sense of justice. Although the survivors spoke of justice in ways that reflected the goals of restorative justice, they were reluctant to endorse restorative justice as a paradigm within which they would pursue justice.


1997 ◽  
Vol 22 (3) ◽  
pp. 26-34 ◽  
Author(s):  
Jennifer M. Corkhill

One of the main reasons why the current South Australian criminal justice system fails to provide an appropriate response to the issue of child sexual abuse is that the legislation proscribing this conduct does not reflect the dynamics of child molestation. As a result the penalties imposed by the Courts fail to recognise the seriousness of these crimes against children. The adoption of the legislative scheme of the Crimes (Child Sex Tourism) Amendment Act 1994 (Cth) would provide a framework for the reassessment of these crimes and hopefully lead to a more realistic response by the justice system.


2020 ◽  
Author(s):  
Shraddha Chaudhary

Abstract The Criminal Law (Amendment) Act, 2018 and the Protection of Children from Sexual Offences (Amendment) Act, 2019 were purportedly aimed at strengthening the criminal justice system and deterring child sexual abuse. The article demonstrates how both legislations were reactionary, enacted without considering the evidence available on the lacunae in the system they sought to reform. It problematizes and critiques the new offences and enhanced sentences anchored in age-categorizations, the increased mandatory minimum sentences, the unenforceable timelines for investigation and trial, and the reinforcement of the link between fines imposed on the offender and compensation for the victim. It argues that the new legal framework will only exacerbate the implementation hurdles of the old framework, leading to poorer prosecution outcomes. The article also critiques the introduction of the death penalty for child rape. It is argued that the move could expose victims to mortal danger and will create a baffling situation for Special Courts adjudicating de facto consensual cases. While the government touts these legislations as proof of its hard stance on child sexual abuse, this article demonstrates that they were nothing more than political gimmicks, meant to distract from the conspicuous absence of any effort towards systemic change.


2021 ◽  
Author(s):  
Elizabeth Eggins ◽  
Lorraine Mazerolle

This report provides the world’s first systematic review of criminal justice responses to child sexual abuse material (CSAM) offending. The systematic search identified 20,820 records, yielding eight eligible impact evaluations. Six studies focused on policing and two on the judicial arm of the criminal justice system. No correctional impact evaluations met our inclusion criteria. We qualitatively synthesise the evidence and use an evidence and gap map to visualise the current state of the evaluation evidence. Future research needs to prospectively design and rigorously evaluate evidence-informed interventions that are specifically tailored to CSAM offending.


PEDIATRICS ◽  
1987 ◽  
Vol 80 (4) ◽  
pp. 585-589
Author(s):  
Julius Landwirth

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.


2020 ◽  
Vol 58 (2) ◽  
pp. 217-236
Author(s):  
Dipa Dube ◽  
Ankita Chakraborty

AbstractIn the recent past, the #MeToo movement has shaken India. A docket of high-flying names, from politicians to celebrities and journalists, have come under scrutiny for alleged sexual abuse of women. Flagged by a Bollywood actress, the #MeToo campaign in India ignited feminists, academicians, and policymakers to re-examine women’s continued abuse in all sections of society. Despite a stringent legal regime enforced after the Nirbhaya tragedy, the abuse of women continues unabated. Feminists opine that violence against women remains an ongoing concern that is heightened in the face of a waning criminal justice system that fails to address their plight. Lack of confidence in the system discourages women from approaching the authorities, something palpable in #MeToo allegations, where women preferred to remain silent in the face of inevitable backlash from society, lack of support and cooperation from police and prosecution and finally, courts, where the victim is positioned as the accused to respond to questions of how and why? This article examines the #MeToo movement against the rising crime graph’s backdrop and the criminal justice system’s consequent failure to respond to the same.


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