Characteristics of Successful and Unsuccessful Appeals Against Conviction for Child Sexual Abuse

Abstract

The current study investigated (a) the effect of legislative reforms and amendments to judges’ directions to juries in the success of appeals against conviction for child sexual abuse and (b) the role of delay between the offence(s) and the trial in these appeals. Appeals listed in the Victorian Court of Appeal in Australia between 2004 and 2014 were identified. Data were extracted for a number of variables including the appeal's success and the delay between the first offence and the trial. Of the 238 appeals identified, 118 (49.6%) were successful. Legislative reform showed the only significant difference between successful and unsuccessful appeals: There were more successful appeals than expected following legislative changes in 2006. Delay was raised as a ground for appeal in 11 of the 118 successful cases. Delay was associated with the ages of the victims and offenders, sex of the victims, and the victim–offender relationship. Overall, the results do not appear consistent with the goal of the reforms, which was to avoid appeals and retrials that may have occurred as a result of judicial error. Future research should determine whether the trend towards higher success of appeals is continuing, particularly in light of further legislative changes.