- Title
- Rights of survivors of child sexual abuse in criminal proceedings in Australia
- Creator
- Goodman-Delahunty, Jane; Cowdery, Nicholas
- Relation
- Rights of alleged victims in penal proceedings: Provisions in Canon Law and the criminal law of different legal systems p. 83-118
- Publisher Link
- http://dx.doi.org/10.5771/9783748936169-83
- Publisher
- Nomos Publishing
- Resource Type
- book chapter
- Date
- 2023
- Description
- To examine the rights of survivors of child sexual abuse in the Australian adversarial system, this chapter starts with a general description of the Australian criminal justice process. Next, we present an overview of children’s rights and reformsimplemented following a five-year Royal Commission into Institutional Reponses to Child Sexual Abuse, including mandatory reporting obligations and the offence of persistent child sexual abuse. The core of the chapter is a review of survivors’ rights in three key stages in the course of a criminal case: the police investigation; the trial; and post-trial proceedings. The chapter outlines comprehensive innovations to minimise the distress and re-traumatisation of survivors, such as witness assistance service professionals, communication intermediaries, pre-recorded pre-trial evidence in chief and cross-examination, expert witness opinion evidence. The chapter concludes with a description of national redress scheme for restoration damage to survivors. The implications of these rights and entitlements of survivors of child sexual abuse for penal proceedings in canon law are considerable.
- Subject
- expert evidence; institutional child sexual abuse; Royal Commission; witness intermediary; specialist jurisdiction; mandatory reporting
- Identifier
- http://hdl.handle.net/1959.13/1494156
- Identifier
- uon:53724
- Identifier
- ISBN:97837560003713756000370
- Language
- eng
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