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ASCA media policy
Our National Media Spokesperson is Dr Cathy Kezelman
Email
Phone: 0425 812 197.
Media Positions:
Family Court
 Family Court be included in a Royal Commission
The Family Court has no powers to investigate
claims of child abuse in cases before it.
As such, The Family Court has been criticised
for ignoring abuse against children. ASCA
believes that to hold a Royal Commission
into child abuse without incorporating
the jurisdiction of the Family Court would
potentially not offer justice to the victims
whose allegations fell on deaf ears within
this arena.
Allegations of child abuse in the Family Court
The Family Law Council has recommended that a special Child Protection Court Service be put in place to investigate allegations of child abuse arising from proceedings covered by the Family Law Act in which no other investigation has been conducted. ASCA supports this recommendation.
General
Research into Child Abuse
The issue of child abuse is very much under-researched.
Research is essential to formulate appropriate
preventative measures. ASCA supports research
into all aspects of child abuse, but particularly
research using a victim-based model. Victim-based
research is most likely to aid in the development
of improved services.
Fears
about expression of affection towards children
Arguments have arisen that child protection
legislation stops adults from showing affection
to children, because of fear of accusations of
inappropriate behaviour. This is a 'red herring'.
Appropriate affection is not the target of criminal
charges – child abuse is.
Youth crime
The occurrence of juvenile perpetration of
abuse has often been linked to the previous
victimisation of these offenders and the
way this impacts on opportunities for rehabilitation.
Where offenders have themselves been abused,
the need for appropriate legal repercussions
must be balanced with the need for appropriate
treatment for their own victimisation.
ASCA believes that to have a positive impact
on this issue, governments must examine
the causal effect of child abuse on youth
crime.
Child abuse in relation to mental health
Victims/survivors often struggle with mental health issues. Costs to the government in this area are huge. Government must consider the causes of mental health issues eg child abuse, rather than simply tackling the consequences.
Child abuse in the churches
All churches should be compelled to report
to the police all allegations of the crime
of child abuse brought to their
attention. Their responsibility
should not differ from that of other organisations
which work with children. The tension that
may exist between the sanctity/confidentiality
issues of ‘confession’ and
the duty to report a crime requires resolution
within individual churches.
Legislation
Training
for judiciary in long term effects
of child abuse
Judiciary from all courts should be given training
(by professionals and victims/survivors) in the
long-term effects of child abuse.
This training would improve their understanding
and the sentencing outcomes.
Age of consent
Currently there is differing legislation
in each State. Age of consent not to be
below sixteen for girls and boys, whether
in a heterosexual
or a homosexual relationship.
Royal Commission
ASCA supports a national Royal Commission
into child abuse. This issue was presented
to ASCA Members at our AGM in November
2003. Members elected to support the call
for a Royal Commission. A Royal Commission
would bring the issue of child abuse out
of the closet, especially in relation to
the abuse of children in institutions.
It would also afford many people the opportunity
to disclose and highlight the endemic proportions
of child abuse that exist within our society,
which would, in turn, provide opportunities
for lobbying for services.
Federal approach
ASCA supports national legislation in regard
to child abuse and uniform mandatory reporting
laws. Currently each state works independently
on the issue of child abuse. Unite the
states, unite the resources and make an
impact on the issue of child abuse.
Joinder of offences
Where there are multiple victims of the one
offender, joinder of offences legislation
permits victims to appear together in the
one trial rather than the offenders being
permitted to be tried separately on charges
by each victim, with juries having
no knowledge of other complainants. This
provision would give juries a complete picture.
Legislation varies from state to state. Legislation,
which permits separate
trials
disadvantages the victims and empowers the
alleged offenders. A Federal approach, rather
than different legislation in each state,
is also supported.
Disclosure
of ciminal history at trial
Described as ‘similar fact evidence’,
the fact, for example, that a defendant has
a previous record for indecently
dealing with children under thirteen, can
be provided to the jury of the case currently
before the court. Legislation varies from
state to state. ASCA supports juries being
informed of 'similar
fact evidence' in sexual assault cases. A
federal approach rather than different legislation
in each state is also supported.
National register of offenders
ASCA supports the inclusion of alleged offenders
on the National Register, as police could
then better coordinate information from
further victims of alleged offenders.
Complete access should be restricted to
the police, with the community having only
limited access (names and 'area only' whereabouts
of convicted offenders).
Mandatory reporting of suspected child abuse
ASCA supports the mandatory reporting of
suspected child abuse. Child abuse is everybody’s
business. Children need to be protected
from abuse. The one thing all children
that are being abused have in common is
that they want it to stop. Mandatory reporting
would best facilitate that. A federal
approach, rather than different legislation
in each state, is supported.
Sentencing of child sex offenders
The scales of justice have long favoured
the accused. Empowering the victims within
this system would greatly increase the
incidence of reporting, which, for child
abuse, is very low. Sentences for child
sex offenders should be at least equivalent
to the period of abuse suffered (in cases
which continued for years). For repeat offenders
the opportunity for parole should be removed.
Call for law reform in each state and a
federal approach. ASCA believes that, if
victims were able to have a say in the sentencing
of the abuser, this would assist them greatly
in their own healing.
Courts in each state specifically for sex crimes
To encourage victims to come forward, the
justice system must be overhauled and made
more accessible and less traumatic for victims.
ASCA supports the establishment of sex
crime courts in every state.
This would minimise the trauma for the
victims, best utilise the benefits of an
experienced judge, and, hopefully,
reduce the length of the process for
victims.
Victims/Survivors
Naming of victims
Regarding the advisability of victims being
named during court proceedings,
ASCA believes: in the case of children -
absolutely not; in the case of adults - the
decision should be made by the victim.
Victims advocate
ASCA supports a victims’ advocate
in each state - a 'one-stop shop' for all
victims of crime, particularly those dealing
with the justice system. This would ensure
that the various state ‘Victims’ Acts’ are
adhered to. It should also lead to reform
in our offender-based systems, to greater
empowerment of victims of crime and to ensuring
better treatment.
Healing
For too long, healing and recovery has been
the lost components for people who were
abused as children. Healing opportunities
are vitally important for victims/survivors
of child abuse. The sooner healing opportunities
are offered to children who have suffered
abuse, the better. Governments should be
focusing more on healing options. Costs
incurred in responding to negative consequences
of child abuse could
be reduced if more funds were directed
at addressing ‘preventing
the cause’.
ASCA supports the establishment of healing
centres for children and adults in every
state.
Parole
Board (victims' representative)
Victims have never had a ‘real’ voice
at this level. Since recidivism in relation
to child sex abuse perpetration is high,
empowering victims at this level would be
beneficial. ASCA supports the inclusion of
a victims’ representative
on Parole Boards to present the victim's
perspective, just as the offender is represented.
This could also help to monitor child sex
offenders who could potentially be released
without adequate rehabilitation.
Services for victims
Traditionally, services have been focused
on the offender. ASCA believes that services
for victims should be equivalent to those
services for offenders (if not more readily
available). Victims
should be helped in their process of entering
the justice system. Each offender
convicted, or, at the least, known to the
police, will reduce the number of future
victims. With better services for victims
more people would report these crimes.
Offenders
Naming
of offenders
This point relates to convicted child sex offenders
and whether the community should be informed
as to their whereabouts after release
from prison. ASCA support the naming of convicted
offenders with adherence to the guidelines mentioned
in the section entitled 'National register of
offenders'', above. It is very unlikely that
legislation will permit this to happen, but this
stance best supports the victims and will encourage
child protection through community awareness.
Naming
of alleged offenders during the
court process
ASCA supports the names of alleged offenders
being made public during court proceedings. Civil libertarians
have lobbied against this for years. It is very
important that alleged offenders’ names
are released to the media as it affords the opportunity
for other victims to come forward.
Offender parole
For child sex offender to be eligible for
parole, all three of the following conditions
must apply:
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They must not still be considered to
be at a high risk of re-offending
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They must have completed a relevant rehabilitation
program in prison
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They must not have previously broken
parole conditions.
Deportation of offenders
Federal legislative changes have enabled
offenders, who are not Australian citizens
and have been sentenced to longer than
12 months in prison, to be deported after
the completion of their sentences. ASCA
supports the deportation of child sex offenders
where legislation is enforceable.
Offender treatment
Offender treatment is necessary but more
research is needed into the effectiveness
(or otherwise) or rehabilitation programs
for child sex offenders. Offender treatment
is very important to combating the issue
of child abuse. Research into offender
treatment is essential. We need to find
a global solution.
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