Abstract
Special measures have been implemented across the globe to improve evidence procedures in child sexual assault trials. The present study explored the day-to-day experiences and views on their use by five groups of Australian criminal justice practitioners (N = 335): judges, prosecutors, defence lawyers, police officers and witness assistance officers. Most practitioners reported routine use of pre-recorded police interviews and CCTV cross-examination of child complainants, but rare use with vulnerable adults. Despite persistent technical difficulties and lengthy waiting times for witnesses, high consensus emerged that special measures enhanced trial fairness and jury understanding. The perceived impact of special measures on conviction rates diverged widely. Defence lawyers disputed that this evidence was as reliable as in-person testimony. All practitioner groups endorsed expanded use of expert witness evidence and witness intermediaries. Ongoing professional development in all practitioner groups will further enhance justice outcomes for victims of child sexual abuse.
Highlights
Child sexual abuse poses a serious threat to the health and wellbeing of children.[1]
Using a convenience sampling method, an online survey was administered to five practitioner groups working in the criminal justice systems in New South Wales (NSW), Victoria, and Western Australia (WA). 31 The target practitioner groups were judges and magistrates, prosecutors, defence lawyers, police officers, and witness assistance officers and court support workers.[32]
The results confirmed that special measures are far more routinely and widely used in Australia today than when previously assessed
Summary
Child sexual abuse poses a serious threat to the health and wellbeing of children.[1] The effects can be lifelong and harmful for victims, and often extend to other community members and the victims’ own children.[2] Law enforcement remains a major tool for the prevention of child abuse. The process of engaging in the criminal justice system (eg, facing the accused, having one’s story challenged under cross-examination), can compound trauma symptoms. To minimise ‘system’ impact,[3] special measures such as cross-examination of complainants via closed-circuit television (CCTV) and witness intermediaries have been implemented in. As an open access journal, articles are free to use with proper attribution in educational and other non-commercial settings
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