Literature by topic
Australian materials are indexed in the Australian Family and Society Abstracts Database and are available for loan from the ACSSA collection at the Australian Institute of Family Studies library. Online publications in PDF format require Adobe Acrobat Reader.
Victim/Survivors: Criminal Justice Responses
Australian publications
A defence lawyer's perspective
Flannery, Leonie.
University of New South
Wales Law Journal Forum v.11 no.1 Aug 2005: 6-7
This
article looks at the issues facing the defence lawyer in sexual assault
cases before the law. Changes in the way complaints are investigated and
presented are long overdue it is suggested, though protections afforded
an accused person should not be sacrificed to make the difficult process
confronting the complainant easier.
A
Campaign to End the Sexual Assault of Women by
the State. (PDF 244 KB)
Sisters Inside Inc. South Brisbane, 2005, 16p
This is a rescource document for an Australia wide
campaign conducted by Sisters Inside, against the
strip-searching of women in prison. Information to
assist raising awareness of the issue in local communities
and to assist publicity and media strategies is provided.
A guide for police officers: the prevention of sexual
assaults and the investigation and apprehension of sex
offenders.
Perry, D
In:
Practice and prevention: contemporary issues in adult sexual assault
conference. Sydney, NSW: NSW Attorney-General's Department, Crime
Prevention Division, 2003, Online only
Based on his experience with
the Toronto Police Service Sex Crimes Unit, including his involvement in
the restructuring process and development of a new mandate for the Sexual
Assault Squad, the author presents a guide for law enforcement agencies
interested in establishing or enhancing a Sex Crimes Unit or Sexual
Assault Squad. He provides a history of the Sexual Assault Squad, which
was formed in 1989, and discusses the judicial inquiry that was concerned
with the investigative process, the subsequent Campbell Report, and the
restructuring of the Sexual Assault Squad. He also discusses the squad's
new mandate principles: intelligence lead policing, risk management, and
pre sexual assault indicators.
A legal process or a justice system? Sex offences in
Queensland - still seeking justice.
Kift,
Sally.
Alternative Law Journal v.28 no.6 Dec
2003: 292-296,310
In June 2003, the Queensland Crime and
Misconduct Commission released its report 'Seeking justice: an inquiry
into the handling of sexual offences by the criminal justice system'. The
catalyst for this inquiry was the way in which the criminal case against
high profile swimming coach, Mr Scott Volkers, had been handled by the
Queensland Police Service and the Queensland Office of the Director of
Public Prosecutions. Stating that the 'Seeking Justice' report is the
most recent in a long line of reviews, inquiries and studies conducted
into sexual violence against women and children in Queensland, the author
considers the report and also examines the broader implications of the
issues raised and the areas of remaining concern.
An
Evaluation of the NSW Child Sexual Assault Specialist
Jurisdiction Pilot. (PDF 562 KB)
New South Wales Bureau of Crime
Statistics and Research.
Sydney,
NSW: NSW Bureau of Crime Statistics and Research, 2005,
92p, Online
This report presents the results of an evaluation
of a pilot program established in the Sydney West District Court registry
in March 2003 that aimed to alleviate difficulties involved with
prosecuting child sexual assault matters.
Are children protected in the Family Court? A perspective
from Western Australia.
Jenkins, S
Australian and New Zealand Journal of Family Therapy v.23 no.3
Sept 2002: 145-152
Despite a landmark High Court
judgement in the area of child sexual abuse allegations (M and M, 1988),
a major concern in such cases seems to be the fear that mothers use false
accusations against fathers as 'weapons' in custody and contact cases.
This paper seeks to examine the validity of such views as they apply to
Western Australia. In particular, it examines the belief that false
accusations are rampant; the questionable nature of 'parental alienation
syndrome', the belief that young children's accounts of abuse lack
credibility, and the ignoring of the effect of abuse itself on the nature
of a child's testimony. The paper argues that the principle of
'protection of the child's best interests' should not necessarily be
equated with the child having access, with a parent previously accused of
having abused the child. (Journal abstract)
Beyond
Belief, Beyond Justice: The difficulties
for victim/survivors with disabilities
when reporting sexual assault and seeking
justice.
(PDF 1.1 MB)
Goodfellow, Jonathon; Camilleri,
Margaret.
Melbourne, Victoria: Disability
Discrimination Legal Service Inc., 2003, 81p
This report
represents the end of Stage One of the Sexual Offences Project for Women
with Disabilities. It aims to examine the obstacles victim/survivors with
cognitive impairment experience when reporting sexual assault and
proceeding with prosecution in Victoria. It includes chapters on the
background to the project; research, reports and legislation; policy and
practice; and findings and recommendations. There are four appendices
containing a glossary, bibliography, consultation questions for sexual
assault workers, and a flow chart of critical decision making points
following disclosure. The report shows that victim/survivors of sexual
assault with cognitive impairment are more vulnerable to abuse than those
without a disability; generally have less knowledge of appropriate sexual
behaviour (and of the law); may be denied self-determination in
reporting; and are frequently disbelieved when they report sexual
assault. These and other factors were considered to contribute to the
decreased incidence of reporting sexual assault by victim/survivors with
cognitive impairment.
Cautionary tales and telling anxieties: the story of the
false complainant.
Larcombe, W
Australian Feminist Law Journal v.16 Jun 2002: 95-108
Discussing the trend of judicial warnings to beware false
complaints in rape allegations the author argues that, in actual fact,
women have little to gain from making false allegations. She presents
facts to show that most rapes are not reported and are actually harder to
claim than to defend. She questions the role of the criminal justice
system in perpetuating the myth of false complaints and its anxiety over
its ability to ensure that the law's powers be used for the complainant's
benefit.
Child witnesses: a need for a change?
Senior, M
Bulletin (Law Society of South
Australia) v.24 no.4 May 2002: 24-25
The author reports
on the question of whether legislation should be amended with regard to
the evidence given by child witnesses in cases involving allegations of
sexual abuse. A balance must be achieved between protecting the child
witness and maintaining the right of the accused to a fair trial. The
author looks at the English model and enquiry reports regarding pre
recorded video interviews, the method of interviewing the child witness,
appropriate training of interviewers, and keeping proper records.
Court licensed abuse; patriarchal lore
and the legal response to intrafamilial sexual
abuse of children.
Taylor,
S. Caroline
New York, NY: Peter
Lang Publishing Inc., 2004, 312p
Examines flaws in the adversarial legal
system through an analysis of the cross examination
of child victims of sexual abuse. Presents arguments
on how law and psychiatry silence and blame victims
of sexual assault. Six trials are studied as textual
case studies from a critical,feminist point of view.
Trials are seen to enact a narrative template that
maintains a patriarchal status quo around intrafamilial
child sexual abuse.
Current issues in the prosecution of
sexual assault.
Cowdery,
Nicholas.
University of New South Wales Law Journal Forum
v.11 no.1 Aug 2005: 2-5
In the face
of the 'epidemic of sexual abuse in the community'
this article provides an overview of current issues
in the prosecution of sexual assault in New South Wales,
looking at factors such as time of allegation, treatment
of victims, warnings and rules of evidence. A list
of issues flagged by Justice Wood in his paper in 2003
'Sexual Assault and the Admission of Evidence' is
provided.
Crime
and justice in South Australia, 2004
- offences reported to police, the
victims and alleged perpetrators. (PDF 1.05 MB)
South Australia.
Office of Crime Statistics.
Adelaide,
SA: Office of Crime Statistics, Attorney General's
Department, 2005, 265p, tables, figures Online
This report is published annually
and contains statisitics on all aspects of the South
Australian criminal justice system including police
incidence reports, victims of offences recorded by
police and offences cleared by apprehension.
Crime
victimisation.
Australian Bureau
of Statistics.
In: Australian
Bureau of
Statistics. Year book Australia 2007. Belconnen, ACT:
Australian Bureau of Statistics, 2007, 3p, figures,
Online
The National
Crime and Safety Survey (NCSS) was carried out from
April to July 2005 and collected information from individuals
and households about their experience of selected crimes
during the previous 12 months. The crimes covered by
the NCSS included: house break ins, motor vehicle theft,
robbery, assault and sexual assault. The analysis
of the results given here covers: victims of crime;
how much crime is reported to police; how safe do people
feel; people's perceptions of neighbourhood problems.
Cross-examination
and sexual offence complainants.
Drabsch, Talina.
Sydney, NSW: Research Service, Parliamentary Library, Parliament
of New South Wales, 2003, 21p, (Background paper no.18/2003),
Online
The cross-examination of complainants of sexual
offences is a contentious issue. This paper considers the debate
surrounding the right of a person accused of a sexual offence to
cross-examine the complainant, with particular attention given to the
situation where the defendant is not represented. The paper considers the
various rights of the accused and discusses the experience of
complainants in court. It contemplates whether the experience of sexual
assault complainants is unique and thus if special protection is
required. Discussion includes the current situation in New South Wales,
in other jurisdictions in Australia, and in foreign jurisdictions
(Canada, England, New Zealand and Scotland). Three case studies are
discussed to facilitate consideration of some of the dangers inherent in
a defendant being entitled to cross-examine the complainant of a sexual
offence in person. Finally, six options for how the law in this area
could be reformed are examined.
Delivering a service to Aboriginal people.
Terare, M
In: Practice and prevention:
contemporary issues in adult sexual assault conference. Sydney, NSW: NSW
Attorney-General's Department, Crime Prevention Division, 2003, Online
only
The effects of
colonisation are still being felt in Aboriginal communities, and the
author considers what effects this has on Aboriginal victims of trauma.
She discusses a project she is working on in NSW that explores community
solutions to challenge the impact of trauma resulting from family
violence, sexual assault and child abuse, primarily through developing a
curriculum that reflects communities' needs in relation to the abuse.
DNA identification and rape victims
Gans, Jeremy.
University of New South
Wales Law Journal Forum v.11 no.1 Aug 2005: 17-24
This
paper explains how DNA identification works in Australian criminal
justice and the impact of it's regulation on rape victims. The gathering
of tissue samples, ways DNA profiles can be used by investigators and
non-victim samples found on victims' bodies are outlined. Inattention by
victims groups to issues surrounding DNA identification it is argued,
doesnot serve the interests of rape victims.
Feminist thinking in male sexual assault
programs.
Sainz, Robert
Psychotherapy in Australia v.11 no.2 Feb 2005: 49
This article reports on a men's group which focused on the shared
experience of being 'survivors' of sexual assault. In what the author
describes as a 'feminist inspired project, a hybrid of narrative therapy,
psychology of the self and Jungian archetypes, men discussed openly the
most vexed, perennial and marginalised issue of masculinity.'
Gendered violence and restorative justice: the views of
victim advocates.
Curtis-Fawley, Sarah; Daly,
Kathleen.
Violence Against Women v.11 no.5 May
2005: 603-638
What do victim advocates and service
providers think of the idea of restorative justice? This article reviews
the literature on restorative justice and its potential applications for
gendered violence, and then reports the views of Australian victim
advocates on restorative justice. The article discusses the following
themes: understandings of restorative justice; perceived benefits of
restorative justice; restorative justice as an alternative to criminal
justice; the victim's voice; restorative justice allows offenders to acknowledge responsibility; concerns about restorative justice;
revictimisation and imbalances of power; the cheap justice problem;
restorative justice may harm offenders; victims seeking offender
accountability; victim agency; when is restorative justice
appropriate?
Gang rape in Sydney: crime, the media, politics, race and
sentencing.
Warner, Kate.
Australian and New Zealand Journal of Criminology v.37 no.3 2004:
344-361
In 2001 and 2002, print, radio and television
gave extensive coverage to a series of gang rapes in Bankstown and other
suburbs of south-west Sydney. The mass media's coverage of gang rapes by
ethnic-minority youth is analysed along side other racial issues in the
media at the time of the arrival of asylum-seekers and terrorism fears
subsequent to the September 11 attacks in 2001, to reveal how localised
stories of crime become 'racialised'. The article draws out some of the
criminal justice issues from theses incidents. The flaws in the
sentencing process are explored and a pedagogical role for judges is
suggested in relation to the public understanding of crime.
Hatred, murder and male honour: anti-homosexual homicides
in New South Wales, 1980-2000. (PDF 558 KB)
Tomsen, S.
Canberra, ACT: Australian Institute of Criminology,
2002, 108p, figures, tables (Research and public policy
series no.43) and Online
The data in this report are based on a study of 74
homicides that took place in New South Wales between 1980 and 2000 in
which the male victims were targeted because of their homosexuality. The
author discusses anti homosexual violence as a social issue, the origins
of the research, and the relevance of masculinity for the study of
violence. He then outlines the homicide study, and discusses: killings as hate attacks; violence, masculinity and the control of public
sexualities; homosexual panic and the mercenary killing; male honour,
provocation and the homosexual advance; heterosexual panic and fatal
violence; violence, sexual citizenship and the criminal justice
response.
Helping victims receive compensation.
Baron, A.
Law Society Journal v.41 no.5 Jun 2003: 50-55
The author examines the New South Wales
Victims Support and Rehabilitation Act 1996 in relation to the
entitlements of crime victims to statutory compensation and approved
counselling. He discusses the definition of an act of violence and the
schedule of compensable injuries. He provides examples of the type of
compensation that may be available for the following acts of violence:
broken nose; psychological or psychiatric disorder; sexual assault and
domestic violence; broken leg; and indecent assaults as a child. He notes
that the threshold or minimum amount of compensation is $7,500 - this
means that the total value of the compensable injuries claimed must be
equal to, or be more than $7,500. Also discussed are appeals and support
services.
Improving service and criminal justice responses to
victims of sexual assault: a report of a state-based
consultation with adult victims of sexual assault,
services and agencies. (PDF 128 KB)
New South
Wales. Violence Against Women Specialist Unit.
Ashfield,
NSW: Violence Against Women Specialist Unit, Department
of Community Services, 2006, 77p, tables, Online
This study
of sexual assault victims' needs and experiences in
NSW targeted individuals who reported a sexual
assault to NSW services and or the police since
1995, and services and agencies that might assist
victims of sexual assault. It focused on information
provision to victims; access to services; take
up of medical care; take up of victims' compensation;
reporting to police, investigation and charging; the
court process; and change to laws and or procedures.
Intimate
partner sexual assault: the impact of
competing demands on victims' decisions
to seek criminal justice solutions. (PDF 40 KB)
Lievore, D.
In:
8th Australian Institute of Family Studies
Conference, Melbourne, 12-14 February 2003:
proceedings. Melbourne, Vic: Australian Institute
of Family Studies, 2003, 8p, figure, Online
only
Despite initiatives to
encourage the reporting of sexual assault to police, women who are
sexually victimized by intimate partners are least likely to seek legal
redress. This leaves them at risk of repeat victimisation and open to
victim blaming. This paper demonstrates that reporting decisions are
mediated by a number of competing personal, cultural and situational
demands, which act as barriers to the criminal justice system. At the
same time, non-reporting may be viewed as a rational response to
victimisation in some circumstances, as it maintains particular values
and achieves desired outcomes. This is not to suggest that women should
not be encouraged to report sexual offences, but indicates that victims
who do report to police must be enabled to achieve other desired
outcomes, such as protection from reprisal. (Author abstract)
Intrafamilial
rape and the law in Australia: upholding the lore of the father. (PDF 348 KB)
Taylor, S.C.
In: Poverty, Violence and Women's Rights:
Setting a Global Agenda - Townsville International
Women's Conference, July 2002 - Conference papers.
Sydney, NSW: Australian Domestic Violence Clearinghouse,
2002, 30p, Online only
A detailed summary is presented in this paper of central findings of recently completed PhD
research undertaken by the author concerning intrafamilial child abuse
and the socio-legal construction of alleged victims who underwent trials
in the Victorian County Court in Australia during 1995-1996. Fourteen
complete cases were examined involving 22 trial transcripts totalling more
than 12,000 pages of transcript. The author explains that her research
sought to document and examine the maleness of law and how it
discriminates against women and child victims of sex abuse trials by
silencing their experiences and eroding their ability for individual
agency in such a process. Her analysis leads the author to conclude that
it is premature to cast aside concepts of gender discrimination and
patriarchy in law in the Australian legal system.
Juror attitudes and biases in sexual assault cases.
Taylor, Natalie.
Canberra, ACT:
Australian Institute of Criminology, 2007, 6p (Trends and issues in crime
and criminal justice, no.344), and Online
A large majority
of sexual assaults are not reported to police and only about 10 percent
of reported incidents result in a guilty finding. This article examines
findings from two recent studies that show that judgements in rape trials
are influenced more by jurors' attitudes, beliefs and biases about rape
than by the facts presented. It discusses the existence of stereotypical
beliefs within the community about rape and victims of rape, and what
needs to be done if conviction rates are to improve.
Justice
matters: a feasibility study for a court
support service for victims of domestic
violence, sexual assault. and child victims.
(PDF 620 KB)
Ceridwyn Davies (2002), Women Tasmania, Department of Premier and Cabinet
Lawyers from the firm Maurice Blackburn Cashman have established a
specialist Sexual Assault Unit: service profile.
Waller,
Vivian.
Aware: Australian Centre for the Study of
Sexual Assault Newsletter no.6 Apr 2005: 24-26, and Online
This article profiles the "Sexual Assault Unit" at the law firm Maurice
Blackburn Cashman, with an interview with Vivian Waller, the manager of
the Unit. The Unit is the first of its kind in Australia dedicated to
helping victims of sexual and physical assault make a civil claim for
financial compensation against the person who abused them.
Literature
review on the establishment of domestic violence
fatality review teams. (PDF 200 KB)
Stewart, Julie.
Australian Domestic and Family Violence Clearinghouse
Newsletter no.21 April 2005: 5-3, figure, and Online
This article provides an overview of the paper co-
written by the author:(Mouzos, J; Segrave, M., 2004,
Homicide in Australia: 2002-2003 National Homicide
Monitoring Program (NHMP) annual report. Australian
Institute of Criminology, Canberra.) This paper reviews
available literature on domestic homicide review teams.
New
South Wales criminal courts statistics 2004.
New South Wales. Bureau of Crime Statistics and
Research.
Sydney, NSW: NSW Bureau of Crime
Statistics and Research, 2005, 144p, Online
This report
presents and analyses data from criminal cases finalised by the New South
Wales(NSW), Local, Children's, District, Supreme and Licensing Courts in
2004, excluding minor criminal matters such as regulatory driving
offences issued through infringement notices. It was found that the
number of persons finalised in trial and sentence cases in the Higher
Courts has remained stable with a small increase found with the Local
Courts, Children's Court and Licensing Court. This report incorporates a
major revision in the way the Bureau of Crime Statistics and Research
identifies Indigenous persons in finalised criminal cases.
NCOSS visits far west NSW: Broken Hill, Lighning Ridge,
Walgett and Moree.
Wadiwel, Dinesh
NCOSS News v.31 no.11 Dec 2004: 6-7
The Council
of Social Service of New South Wales conducted regional visits to Broken
Hill, Lightning Ridge, Walgett and Moree in July 2004 to make contact
with communities and gather data for its pre budget submission to
Government. This article presents information on conditions in these
areas in relation to: child abuse, sexual assault, domestic and family
violence; children and young people at risk; education and employment;
health; housing and homelessness; Aboriginal people and law and order;
and transport.
Prosecuting
sexual assault: the complexities and
difficulties. (PDF 225 KB)
Cunneen, Margaret
In: Crime in Australia: International Connections
Conference, Melbourne, November 2004. Canberra, ACT:
Australian Institute of Criminology, 2004, 8p, Online
only
Over recent years the
complexity of sexual assault trials has been increased by developments in
three areas, which are the subject of discussion in this paper:
multiplicity of offences, complainants and accused; better
investigations; and directions and warnings - a list is provided of the
range of matters which must be taken into account before a jury may
retire to consider its verdict.
Prosecutorial decisions in adult sexual assault
cases.
Lievore, Denise.
Canberra, ACT: Australian Institute of Criminology, 2005, 6p,
tables, figures, (Trends and issues in crime and criminal justice
no.291), and Online
Prosecution
agencies are often criticised for their performance in prosecuting sexual
assault. This paper reports on selected findings from an Australian study
analysing prosecutorial decisions made by Director of Public Prosecutions
(DPP) prosecutors in five jurisdictions: the Australian Capital
Territory, New South Wales, the Northern Territory, Western Australia and
Tasmania. The study focused on cases involving indictable sexual offences
against adults. The results indicate that case decisions are primarily
based on evidentiary considerations related to the ability to secure a
conviction, but they also raise questions about the handling of cases
involving prior relationships.
Prostitution and the cycle of abuse.
Court,
John.
Australian Family v.25
no.1 Mar 2004: 26-35
The author discusses prostitution in the
historical context of Kinsey, an early campaigner for 'victimless
crimes', and the more contemporary contexts of child sexual abuse and
AIDS. He argues for strong legislation against prostitution in order to
end the serious health consequences, exploitation and cycle of abuse of
prostitution.
Rape and the legal process.
Temkin,
Jennifer.
Oxford, UK: Oxford
University Press, 2nd ed., 2002, 385p, tables
The
author examines rape law reform in England and Wales,
and analyses the difficulties rape and sexual assault
present for the criminal justice system with a discussion
of how the issues could be addressed. The experience
of rape victims and their treatment by police and courts
is examined, as well as present law surrounding rules
of evidence. Alternative approaches to the criminal
justice response to rape victims are presented. Comparisons
are made with rape and sexual assault laws in other
countries including Australia, Canada and the United
States.
Reforms
extending victims' voices: the Corrective
Services Bill 2006 (Qld). (PDF 280 KB)
Olsen,
Jane.
Brisbane, Qld: Parliamentary
Library, Queensland Parliament, 2006, 25p (Research
brief no.2006/21), Online only
The Corrective Services Bill 2006 (Qld), which
repeals and replaces the Corrective Services Act 2000
(Qld), contains provisions enabling victims of violent
and sexual crimes to make a written submission to
the Parole Board when the offender makes an application
for parole. The Bill achieves this by placing a statutory
obligation on the Parole Board to notify a registered
and eligible victim when a prisoner has made an application
for parole and to not consider the application until
a 21 day period has expired. Under existing legislation,
the Parole Board is not required to ask for input
from victims. This research brief provides a background
to advocacy for victims of crime in Australia, focusing
on issues surrounding victim submissions to Parole
Boards. It then discusses the current Act, the legislation
review process, the proposed amendments and the situation
in other Australian jurisdictions. (Publisher abstract)
Repeat sexual victimisation among an offender sample:
implications for pathways and prevention.
Mazerolle, Paul; Legosz, Margot; Miceski, Elena; Sanderson,
Jennifer.
In: France, A. and Homel, R. eds.
Pathways and crime prevention: theory, policy and practice. Cullompton,
Devon, UK: Willan Publishing, 2007, p146-171
Using data
from a study of adults serving non custodial sentences in Queensland,
this chapter explores the effects of sexual victimisation on offenders.
High levels of sexual victimisation were found among this group,
particularly among women, and a high degree of continuity of
victimisation from childhood to adulthood. After controlling for
individual and lifestyle factors, the analysis shows that child sexual
abuse directly affects the risk of adult sexual victimisation. This
relationship is not mediated through alcohol and drug abuse and
relationship problems, although these factors proved salient predictors
of sexual victimisation. The major implications for prevention are
discussed; that is, to reduce the incidence of childhood sexual
victimisation and to address the mental health and lifestyle factors that
increase the risk of re victimisation for adults.
Responding
to sexual assault: the challenge of change
(Sexual Assault Response Program Report).
(PDF 1.1 MB)
Office of the Director of
Public Prosecutions (ACT) and Australian Federal Police.
Canberra, ACT: Publishing Services for the
Director of Public Prosecutions, 2005, 288p and Online
This report exmaines the possibilities for change in
criminial justice responses to sexual assault in the
ACT. It makes a number of recommendations across the
range of levels in legal process, including court practices,
victim support, technology, training, jury directions
and rules of evidence.
Restorative justice and family violence: debating paradigms
of justice for family violence.
Southwell,
J.
Domestic Violence and Incest Resource Centre
Newsletter no.3 Spring 2003: 3-7
This article discusses
the 2002 publication 'Restorative justice and family violence', a
collection of essays by scholars and activists from the United States,
Canada, Australia and New Zealand. The authors of the essays express their different views of the suitability of restorative justice
interventions where family violence is concerned. The review article
identifies some working definitions of restorative justice, including as
an alternative to or new framework for conventional justice, as conflict
resolution and reconcilliation, or as empowering victims and holding
perpetrators accountable. Some criticisms of restorative justice from a
feminist perspective are summarised, as well as the continued appeal of
using restorative justice processes in family violence cases,
particularly in Indigenous communities.
Restorative
justice as a crime prevention measure.
Australian Institute of Criminology (2004), AICrime Reduction Matters No. 20
Restorative
justice, domestic violence and family
violence. (PDF 188 KB)
Stubbs, Julie.
Kensington, NSW: Australian Domestic and Family
Violence Clearinghouse, University of New South Wales,
2004, 23p (Issues paper no.9)
There has been considerable
growth in the adoption of restorative justice practices in Australia and
internationally. This paper describes and evaluates claims made about
restorative justice, or victim-offender mediation, including the claimed
benefits for victims, offenders and communities; general concerns about
restorative justice practices; and an overview of evaluations.
Restorative justice is then considered for use with domestic or family violence cases and other gendered harms such as sexual assault, including
a review of models currently being used around the world. Indigenous
communities and the use of restorative justice and alternative justice
practices in cases of family violence are also discussed. The author
concludes that while there are risks and challenges in using restorative
justice practices with domestic or family violence and gendered harms, an
approach which integrates some elements of the restorative justice model
with the criminal justice system may be the way forward.
Reviewing the NT Government 'no drop' policy: moving from a
punitive approach to victim support.
Crawley,
Sabina
Indigenous Law Bulletin v.6 no.6 Oct 2004:
14-16
Implications for remote Aboriginal women in
relation to the NT Government's No Drop Policy (NDP) which concerns the
prosecution of criminal offences in relation to family violence are
discussed in this article. A whole of community response that pays
greater regard to the needs of victims is recommended. The education of
prosecuting authorities is considered crucial for the balancing of public
interest factors in the prosecution of family violence offences.
Ripple
effects of sexual assault.
Morrison, Zoe; Quadara,
Antonia; Boyd, Cameron.
Melbourne, Vic:
Australian Centre for the Study of Sexual Assault, Australian Institute
of Family Studies, 2007, 31p (ACSSA issues no.7), and Online
The effects of sexual assault are wide reaching. As well as the
profound effects of sexual assault on victim / survivors, a victim /
survivor's family members and friends, workers in the sexual assault
field, and society as a whole are affected by sexual assault in
detrimental and still under recognised ways. This paper uses the term
'ripple effects' as a metaphor to describe the effects and costs of
sexual assault on a victim / survivor's personal and professional
networks, and on the society within which they exist. It concentrates
mostly on the ripple effects of the sexual assault of adults and is based
on the findings of a literature review.
Sexual
assault and the admission of evidence.
Wood,
J.
In: Practice and prevention: contemporary
issues in adult sexual assault conference. Sydney, NSW: NSW
Attorney-General's Department, Crime Prevention Division, 2003, Online
only
Some of the evidentiary considerations relevant to
sexual assault cases are the reason that many victims avoid reporting
sexual assaults. The author presents a checklist of directions relevant
for consideration, discusses the distinction between a comment and a
warning, discusses the Murray Direction, the Longman Direction, and
evidentiary considerations, including coincidence, relationship and
'guilty passion' evidence, the use of evidence where there is more than
one complainant, the hearsay rule, the issue of delay in, or absence of,
complaint, evidence of recently recovered memory, evidence as to the date
of the offence, medical history taken by an examining doctor, aggravated
sexual assault - in company, absence of consent, prior good character,
why would the complainant lie?, and the accused electing not to give
evidence. Justice Wood then offers possible proposals for reform.
Sexual assault and restorative justice.
Daly, K
In: Strang, H. and Braithwaite, J. eds. Restorative justice and family
violence. Cambridge, UK: Cambridge University Press, 2002, p62-88
The author investigates
the possibilities of delivering justice in an unequal society by using
conventional or alternative practices. She states the need for the crime
of rape to be met with sufficient seriousness and for the victim to be
vindicated. Some solutions she suggests to this problem are: to make
'retribution' part of restorative justice; to redefine the harm of rape
and other forms of gendered harm; and to be aware of the different ways
in which sexual and family' violence are thought of. Although restorative
justice is not intended to bring retribution, she argues that its purpose
should be more for vindicating the victims than rehabilitating the
offenders, and that it should aim to understand the bodies and emotions
of victims. She presents some South Australian case studies of sexual
assault complaints that included the use of conferencing in the legal
process.
Sexual assault, criminal justice and
law and order.
Stubbs, Julie.
Women Against Violence - An Australian Feminist
Journal no.14 Jul 2003: 14-26
This article
engages with questions about the role of the criminal
justice system in responding to sexual assault. The
author demonstrates the limitations of policies based
on deterrence, and sentencing by reference to statistics
on the processing (or not) of reported sexual offences
in New South Wales (NSW). She also challenges the assumption
that punitive policies allied with law and order rhetoric
provide improved safety for women. (Journal abstract)
Sexual assault manual.
Judicial College of
Victoria.
Melbourne, Vic: Judicial College of
Victoria, 2007, Online only
This online only manual is
designed to assist judicial officers, legal practitioners and court
staff, and inform the general community about the investigation,
prosecution and sentencing in respect of sexual offences within the
Victorian criminal justice system. It is written in plain English with a
particular emphasis on explaining how the criminal justice system
actually works when dealing with the investigation and prosecution of
sexual offenders and sentencing in respect of sexual offences. The manual
provides an overview of how a complaint about a sexual offence progresses
through the criminal justice system and explains the legal procedures and
the substantive law.
Sexual assault of prisoners: reflections.
Heilpern, David, M.
University of New
South Wales Law Journal Forum v.11 no.1 Aug 2005: 25-28
This paper revisits the research conducted by the author in 1997 in New
South Wales prisons and published in the book 'Fear and Favour', comments
on it's importance today and looks at some extraordinary new developments
occcuring in the United States.
Sexual assault: the law, your rights. (PDF 529 KB)
McCulloch, Jude;
Momot, Chris.
Melbourne, Vic:
Victoria Legal Aid, 3rd ed., 2004, 28p, and Online
The legal rights
and options in Victoria for victims of sexual assault
who are over the age of sixteen are presented in
this booklet. A fictional case study is used throughout
to explain different situations. The booklet covers
the following topics: What is sexual assault?; Getting
support; Deciding whether to report to the police;
Prosecutions; Intervention orders; Going to court;
Compensation and financial assistance. It concludes
with a glossary of the legal terms used and a list
of sexual assault service agencies.
Sexual
assault within a human rights framework.
Cowdery,
N.
In: Practice and prevention: contemporary
issues in adult sexual assault conference. Sydney, NSW: NSW
Attorney-General's Department, Crime Prevention Division, 2003, Online
only
The author discusses the protection of the human
rights of all involved in sexual assault cases. He outlines international
declarations and conventions that uphold human rights, and discusses to
what extent the ways in which sexual assault offences are prosecuted in
domestic law raise human right implications. He states the need for a
balance to be struck so that victims are not revictimised and the
legitimate rights of accused persons and others involved in the process
are not infringed.
Specialist
domestic/family violence courts within
the Australian context. (PDF 234 KB)
Stewart, Julie.
Kensington, NSW: Australian Domestic and Family
Violence Clearinghouse, University of New South Wales,
2005, 40p (Issues paper no.10) and Online
This
paper describes the emergence of domestic violence
courts in Australia at the time of writing and outlines
theoretical and other issues identified in the literature
which have lead to the establishment of domestic violence
courts. Caution is recommended in the development of
specialist domestic violence courts so as not to soften
the perception of the legal response to perpetrators
of domestic violence.
Sport and the law:
sex and the team player: when a team becomes a gang
Kift,
Sally.
Alternative Law Journal v.30 no.3 Jun 2005:
136-137, 145
The sexual assault scandals
of Australian football in 2004 and 2005 are discussed
in this article in relation to male sporting celebrity
culture and the sexual mistreatment of women. The
article asks what is so difficult for these men about
complying with minimal standards of acceptable off
field behaviour. It discusses the role of power,
dominance and ritual humiliation in many male sports.
Stolen generations victory in the Victims Compensation
Tribunal.
Goodstone, A
Indigenous Law Bulletin v.5 no.22 Jan - Feb 2003: 10-11
Reviewing the recent compensation award of $35,000 to an
Aboriginal woman of the stolen generation, the author examines the way in
which the claim for compensation on the grounds of sexual assault and
psychological harm was presented to the Victims Compensation Tribunal.
This case has important implications as a test case for compensating
Aboriginal people in the absence of a formal stolen generations
reparations tribunal.
The
Australian component of the 2004 International
Crime Victimisation Survey.
Challice, Graham; Johnson, Holly.
Australian Institute of Criminology, Technical and Background Paper, No.16, 2005, p68
This report covers the technical details, data collection and methodology of the Australian component of the 2004 International Crime Victimisation Survey (ICVS).
The common sense of jurors vs the wisdom of the law: judicial
directions and warnings in sexual assault trials
Boniface, Dorne.
University of New South
Wales Law Journal Forum v.11 no.1 Aug 2005: 11-16
Less
attention has been given in recent years to how the growth of judicial
directions and warnings to juries impacts sexual assault trials. This
article explores whether formulaic warnings to juries demands in the form
of the judicial directions and warnings in sexual assault trials is
emerging.
The
experiences of child complainants of
sexual abuse in the criminal justice
system. (PDF 407 KB)
Eastwood, C.; Patton,
W.
Canberra, ACT: Criminology
Research Council, 2002, 148p, and Online
This study focuses on the
experiences of child complainants of sexual abuse across three
jurisdictions: Queensland, New South Wales and Western Australia.
Specifically, the research examined the experiences of child complainants
in the criminal justice system as well as the consequences of their
involvement in the process. In-depth interviews with children were
combined with data gathered from parents, crown prosecutors, defence
lawyers, court support personnel and members of the judiciary. On the
individual level, the discussion analyses the significant processes in
the criminal justice process for child complainants. On the systemic
level, the implications for legislators and legal practitioners is
presented. From a theoretical perspective, the report examines why
decades of reform have achieved limited gains for Australian children,
and why the criminal justice system remains the legally sanctioned
context for the abuse of children.
The
importance of victim credibility in prosecuting
adult sexual assault cases.
Australian Institute of Criminology.
Canberra, ACT: Australian Institute of Criminology,
2005, 1p (Crime facts info no.91), Online
The victim's credibility, relating to the victim's
personality and other aspects of the victim's role
in giving evidence influences the prosecutor's decision
to proceed with an adult sexual assault case. This
fact sheet sets out victim related factors likely to
be considered by the prosecution in deciding whether
or not to prosecute.
The
law and sexual offences against adults in Australia.
Heath,
Mary.
Issues: Australian Centre for the Study of
Sexual Assault no.4 June 2005: 1-47, and Online
This paper
outlines those laws of evidence that have had significant impacts upon
procedures in sexual offence trials and on victim-complainants'
experiences in court. It provides an accessible introduction to the
current status of the laws governing penetrative sexual offences in each
Australian state and territory jurisdiction to allow sexual assault
workers, counsellors and victim-complainants to understand more readily
the relevant criminal law in their particular state.
The
self-confessed perpetrator and the Australian legal
system that sanctioned the crime.
Debra.
Women Against Violence - An
Australian Feminist Journal no.14 Jul 2003: 53-61
The
author of this article gives a detailed account of
her experience of the legal system as a victim/survivor
of sexual assault. She describes the actions and attitudes
of the police and legal system from the time the rape
was reported through to an eventual trial and finally
the outcome of an Ombudsman's investigation of her
complaint about the handling of her case. This experience
left the author feeling that she did not achieve justice,
and that this case is just one example of how the legal
system in Australia fails to treat rape and sexual
assault as a serious crime.
The 'towers of silence' still stand: protecting
the perpetrator.
Schlunke,
J.
Australian and New Zealand Journal of Family
Therapy v.24 no.2 Jun 2003: 88-94
This paper explores the idea that
professionals in the arena of child sexual
abuse can be induced to respond irrationally, through
their wish to protect child victims. I examine why
child victims of serious sexual assault are treated
as the alleged perpetrator should be. That is, when
the family unit cannot give the child a safe environment,
the child (not the alleged perpetrator) is removed.
I argue for a systems focus, examining how each section
of the protective industry: lawyers, CSV protective
workers, therapists and consultants can contribute
to perpetuating and sustaining child abuse. The article
is written in a style that plays on the boundaries
between academic article and fiction to heighten
the effect of my case material. (Journal abstract)
The trials of sex assault victims.
Silveri, J.
Law Institute
Journal v.77 no.5 Apr 2003: 18-23
In the words of one female magistrate
when discussing sexual offences: '... if it
were my daughter, even though I'd want the
perpetrator dealt with, I wouldn't put her through
[the legal system].' This statement is an indication
that the criminal justice system is struggling to
make the legal experience of most sexual assault
victims anything less than painful. The Victorian
Law Reform Commission is about to release its report
into the responsiveness of the criminal justice system
to the needs of sexual assault victims. This represents
the latest attempt to make the legal system less
traumatic for victims. The article provides an overview
of community concerns about this problem.
Thoughts on recidivism and rehabilitation
of rapists.
Lievore, Denise.
University of New South Wales Law Journal Forum
v.11 no.1 Aug 2005: 29-32
It is difficult
to ascertain the prevalence of sex offending in the
community and even less is know about recidivism rates.
It cannot be assumed that most sex offenders released
who are not reconvicted are undetected repeat offenders.
Evidence suggests that most sex offenders are not at
risk of sexual recidivism, though identification of
those that are is necessary and risk assessment of
sex offenders should be a core practice within correctional
systems. This paper is
based on a research report by the author that provides
a comprehensive overview of the literature on rates,
risk factors and treatment efficacy for recidivism
of sexual offenders (Recidivism of sexual assault offenders:
rates, risk factors and treatment efficacy. Australian
Institute of Criminology, 2004). The paper discusses
risk factors for recidivism, sex offender treatment
programs, and implications for criminal justice of
visible and hidden sex offenders.
Trends
in recorded sexual assault.
Australian Institute of
Criminology.
Canberra, ACT:
Australian Institute of Criminology, 2005, 1p, figure
(Crime facts info no.105), Online
Using
Australian Bureau of Statistics recorded crime and
victims data, this fact sheet looks at sexual assault
rates from 1993 to 2003. The figues show an increase
during this period, though this may be attributed
to an increase in reporting ratherthan actual incidents.
Eighty two percent of sexual assault victims were
female in 2003.
Victim credibility in adult sexual assault cases.
Lievore, Denise.
Canberra, ACT:
Australian Institute of Criminology, 2004, 6p, tables (Trends and issues
in crime and criminal justice no.288), and Online
The exercise
of prosecutorial discretion is one of the most important but least
understood aspects in the administration of criminal justice. The
decision to prosecute often involves matters of professional judgment and
there is a concern that prosecutors' appraisals may be filtered through
prejudicial gender stereotypes and moral norms. Sexual assault cases
involving adult victims often come down to the word of the victim against
that of the defendant. This paper presents findings from an Australian
Institute of Criminology study of prosecutorial decision making in adult
sexual assault cases. The paper presents a thematic analysis of
interviews with Crown Prosecutors from five Australian jurisdictions,
examining factors that prosecutors take into account when assessing
victim credibility and deciding whether to prosecute. The paper
discusses pressure to proceed, reluctant victims, credibility, moral and
gender stereotypes, and the problem of intoxication.
Victims
of crime: plea bargains, compensation, victim
impact statements and support services.
Johns, Rowena.
NSW Parliament
Briefing Paper 10/2002
Violence
excluded: a study into exclusion orders:
South East Sydney. Final report, 2004.
Edwards, Robyn.
Sydney,
NSW: Violence Against Women Specialist Unit, NSW Attorney
General's, Department, 2003, 19p, Online
An exclusion order is a condition
of an apprehended violence order, which prohibits the defendant from
living in the premises occupied by the protected person. This study
investigated 32 cases involving exclusion orders that came before two
large Sydney metropolitan local courts, Waverley and Sutherland, between
January and August 2002. The study discusses the following issues:
improving choices available to women victims of violence; improving the
visibility of exclusion orders; accommodation options for defendants; the
interests of children; the role of police prosecutors; the integration of
exclusion orders with other domestic violence initiatives, and the need
for further research and development work. The study argues that the
safety needs of women and children should be given primary attention over the accommodation needs of the defendant.
Violence in society: New Zealand perspectives.
Connolly, M. ed..
Christchurch, NZ: Te
Awatea Press, ist ed., 2004, p167
The ways in which the
New Zealand criminal justice and service providers respond to
interpersonal violence are examined in this book. Research and practice
in the areas of child abuse and protection, youth violence, family
violence and violence in intimate relationships and criminal justice are
adressed. Eleven authors have contributed to this publication.
Walk on
Hodge, Brenda.
Rowville, Vic: The five mile press pty ltd, 1st ed.,2005,
207p
This is an autobiography of Brenda Hodge, the last
person sentenced to death in Australia. Brenda Hodge murdered her de
facto husband. The reveals the history of sexual abuse that leads her
ulitmatly behind bars. In prison though, she studies and graduates with
an arts degree. The book is also a chart of her journey toward peace and
family reconcilliation.
Women's experience of crime and safety in Victoria
2002.
Gordon, C; Turner, N; Dussuyer, I; Knight,
R.
Melbourne, Vic: Crime Prevention Victoria,
2002, 16p, figures
Many more women than men are the
victims of family violence, sexual assault, sexual
harassment and stalking. This report provides statistics
on the incidence of crime against women, the effects
this violence has, and what is being done in Victoria
to address the issue. The report looks at women as
victims of homicide, sexual assault, robbery, assault,
family violence, stalking, violence and misconduct
in the workplace, missing persons, and property crime,
and women as offenders. A discussion then follows which
considers many of the above crimes as well as cultural
diversity and other overarching issues related to
crime against women.
Women's
experiences of male violence : findings from the
Australian component of the International Violence
Against Women Survey (IVAWS).
Mouzos, Jenny; Makkai, Toni.
Canberra: Australian Institute of Criminology: 2004
The International Violence Against Women Survey
(IVAWS) was conducted across Australia between December
2002 and June 2003. A total of 6,677 women aged between
18 and 69 years participated in the survey, and provided
information on their experiences of physical and
sexual violence. This report describes the type of
violence (including threats of violence) by current
and former intimate male partners, other known males,
such as relatives, friends and acquaintances, and
strangers. It also examines women's reported experiences
of childhood violence, as well as their perceptions
and reactions to the violence they experienced.
International publications
2006 WATCH Victim Impact Statement Study (PDF 168 KB)
Schuster, Mary Lay and Propen, Amy.
This study addresses victim impact statements as given in court regarding incidences of domestic violence and/or sexual assault and the effect these statements had on the judge regarding sentencing.
Demographic and situational factors affecting
injury, resistance, completion, and charges brought
in sexual assault cases : what is best for arrest?
Scott, Hannah S.; Beaman, Rebecca.
Violence and Victims; Vol. 19, no. 4, 2004, pp. 479-494.
This article examines the demographic and situational
factors associated with victim injury, resistance used,
completion of the sexual assault and whether charges
were brought against the offender. The authors used
police data to track these variables and test their
predictive values.
International Violence Against Women Survey (IVAWS)
The International Violence Against Women
Survey (IVAWS) is an international, comparative
survey specifically designed to target men’s
violence against women, especially domestic
violence and sexual assault. The objective
of the IVAWS project is to assess the level
of victimisation of women in a number of countries
world-wide, on a repeatable basis, and to provide
novel inputs for the development of specific
criminal justice approaches.
Key
findings from the Surveys of Vulnerable
and Intimidated Witnesses 2000/01 and
2003. (PDF 64 KB)
Hamlyn, Becky; Phelps, Andrew;
Sattar, Ghazala. (2004), Home Office Findings
240
Prevention of post-sexual assault stress (videorecording).
National Crime Victims Research and Treatment Center
Charleston, SC : National Crime
Victims Research and Treatment Center, Medical University
of South Carolina, c2007
Rape reporting after reforms: have times really
changed?
Clay-Warner, Jody; Harbin-Burt, Callie.
Violence against Women; Vol. 11, no. 4, Apr. 2005,
pp. 150-176.
Using data from the National Violence against Women
Survey, the authors examine whether rapes committed
after reforms were more likely to be reported to police
than those committed before reforms. The authors also
consider whether the gap between the reporting of simple
versus aggravated rape has narrowed. They find that
rapes committed after 1990 were more likely to be reported
than rapes occurring before 1974. Aggravated rape continues
to be more likely to be reported than simple rape,
however, and this effect is stable over time. The authors.
conclude by discussing the implications of these findings
for evaluating the success of rape reform statutes.
Sexual assault : the victims, the perpetrators,
and the criminal justice system
Reddington, Frances P; Kreisel, Betsy Wright. eds
Durham, N.C. : Carolina Academic
Press, c2005.
"Sexual Assault: The Victims, The Perpetrators,
and The Criminal Justice System provides an overview
of the crime of sexual assault and its related issues.
It provides a synthesis of the most current information
relating to sexual assault. The authors approach the
topic of sexual assault in a unique way by examining
it from a criminal justice perspective. In giving an
overview of sexual assault, examining its victimology,
discussing the sexual offender, and looking at the
role the criminal justice system plays, this book presents
a comprehensive and thoroughly informative study of
the crime."--Book jacket.
The shaming of sexual offenders : risk, retribution and reintegration
McAlinden, Anne-Marie
Oxford : Hart, 2007
The Use of Expert Witnesses in Cases Involving Sexual Assault
Lonsway, K.A. 2005.
This Violence Against Women Online Resources commissioned document summarizes the existing knowledge on the use of expert witnesses in cases involving sexual assault. The author uses both published literature and contributions provided by numerous experts in the field to discuss the use of expert testimony, the general dynamics of sexual assault, and common reactions of victims in the prosecution of criminal sexual assault cases. Specific information on who, what, when and how to use expert witnesses, along with the effects of expert witnesses on jurors is provided.
Training police officers on domestic violence
and racism : challenges and strategies.
Huisman, Kimberly; Martinez, Jeri; Wilson, Cathleen.
Violence Against Women; Vol. 11, no. 6, June 2005,
pp. 792-821.
This article examines the formidable
task of teaching about domestic violence and
racism. Based on pedagogical literature and
the authors' own experience as trainers in
this area the challenges of this type of training
are presented. Strategies for overcoming these
challenges are proposed. A multilevel approach
is proposed as the best way of meeting these
challenges and implementing the strategies.
Trauma, trials, and transformation : guiding sexual assault victims through the legal system and beyond
Daylen, Judith Lynne
Toronto, Ont. : Irwin Law, c2006.