1. The University of SydneyPage 1 Can we improve outcomes for child and adolescent victims of crime? Rita Shackel Adelaide, November 2015 Image by Picturepest @ Flickr Victim Support Service in Partnership with Anglicare: Improving Justice and Support for Child and Adolescent Victims of Crime

2. The University of SydneyPage 2 Outline of presentation YES WE CAN IMPROVE OUTCOMES  Victimisation rates of children and young people  Desirable outcomes ?  Guiding principles in supporting young victims  Disclosure/reporting – pathways for support  Criminal justice processes  Supporting young victims – what do they need ?

3. The University of SydneyPage 3 Snapshot: Victimisation rates of children and young people

4. The University of SydneyPage 4 Victimisation of children & young people –Children and young people are amongst the most vulnerable & victimised groups in society – Males v females – differences ? –Rate of victimisation of children and young people = we need more effective prevention

5. The University of SydneyPage 5 Murder Victimisation by Age and Gender (2012) Source: Australian Institute of Criminology, Australian crime: Facts & figures 2013 (2014), p. 15

6. The University of SydneyPage 6 Assault Victimisation by Age and Gender (2012) Source: Australian Institute of Criminology, Australian crime: Facts & figures 2013 (2014), p. 19

7. The University of SydneyPage 7 Sexual Assault Victimisation by Age and Gender (2012) Source: Australian Institute of Criminology, Australian crime: Facts & figures 2013 (2014), p. 23

8. The University of SydneyPage 8 Robbery Victimisation by Age & Gender (2012) Source: Australian Institute of Criminology, Australian crime: Facts & figures 2013 (2014), p. 27

9. The University of SydneyPage 9 Physical and Threatened Assault – Victimisation by Gender (2013-14) Physical assault (‘000) Face-to-face threatened assault (‘000) Non face-to-face threatened assault (‘000) Total threatened assault (‘000) Total assault (‘000) Male 228.9273.172.5288.0474.4 Female 190.4223.8107.6249.6392.7 Experienced Assault in the Last 12 Months Physical assault (%) Face-to-face threatened assault (%) Non face-to-face threatened assault (%) Total threatened assault (%) Total assault (%) Male 2.53.00.83.25.2 Female 2.02.41.12.74.2 Rate of Victimisation Source: Australian Bureau of Statistics, National Crime Victimisation Survey 2013-14 (published 17 February 2015)

10. The University of SydneyPage 10 Physical Assault (%) Face-to-face threatened assault (%) Non face-to-face threatened assault (%) Total threatened assault (%) Total Assault (%) 15–193.04.11.84.47.0 20–244.04.62.25.18.1 25–293.72.81.33.05.7 30–342.42.91.13.55.1 35–392.23.11.23.65.0 40–442.73.31.13.75.7 45–492.62.40.72.54.7 50–542.83.20.73.55.6 55–591.52.20.42.13.4 60–641.11.90.62.02.9 65 and over0.40.80.20.81.1 Rate of Victimisation Source: Australian Bureau of Statistics, National Crime Victimisation Survey 2013-14 (published 17 February 2015) Physical and Threatened Assault – Victimisation by Age (2013-14)

11. The University of SydneyPage 11 Experienced sexual assault in the last 12 months '000 All Persons ('000) Victimisation Rate (%) Male8.58,649.00.1 Female41.08,945.90.5 Sexual Assault (2013-14) Source: Australian Bureau of Statistics, National Crime Victimisation Survey 2013-14 (published 17 February 2015) Experienced sexual assault in the last 12 months '000 All Persons ('000) Victimisation Rate (%) 18–199.3561.81.7 20–248.21,577.80.5 25–3414.53,369.70.4 35–4410.83,171.20.3 45–545.83,052.70.2 55 and over4.45,859.80.1 Victimisation by Gender Victimisation by Age

12. The University of SydneyPage 12 Can we improve outcomes for child and adolescent victims of crime ? What outcomes do young victims need and want? – Short – long term ? – Justice: Legal ? Criminal ? Social ? Restorative ? Reparative ? – Health & Well-being ? Effects of victimisation. – Respond to individual needs ? Whole person.

13. The University of SydneyPage 13 Approaches – guiding principles

14. The University of SydneyPage 14 Improving outcomes for children and adolescent victims of crime: guiding principles Justice Outcomes Respect FairnessSupport

15. The University of SydneyPage 15 Empowering & supporting children & adolescents victims –Voice –Sharing information – put in context –Consultation –Decision-making –Agency – recognised & enabled

16. The University of SydneyPage 16 Recognise needs at all stages of a victim’s journey –Identification –Disclosure/reporting –Investigation/action –Criminal action – prosecution/court –Long term support & therapeutic services Victimisation is a continuum of experience/s

17. The University of SydneyPage 17 Victimisation revealed

18. The University of SydneyPage 18 Identification Why is identification important ? –Protection –Support –Pathways to disclosure and action

19. The University of SydneyPage 19 Disclosure Consequences ? –Victim – can tell their story –Make it stop –Intervention But there may be negative consequences also: -Stigma -Retribution -Retraumatisation -Blame -Familial consequences

20. The University of SydneyPage 20 Understanding disclosure Factors that may impact disclosure: Disclosure is revealed as a complex matrix of influencing variables including: –Age of victim – developmental factors may inhibit disclosure – but conversely may also facilitate disclosure –Relationship with perpetrator – generally a closer relationship = less likely to disclose or delay disclosure –Gender of victim e.g. some research suggests that boys less likely to disclose – due to stigmatisation –Cultural factors – e.g. in cases of sexual abuse/violence views about sexuality, virginity, family intactness

21. The University of SydneyPage 21 Disclosure patterns - CSA  Non disclosure is common  Delayed disclosure is common: –Until adulthood: based on clinical & non-clinical studies between 30%-80% of victims purposefully don’t disclose until before adulthood (cited in Alaggia, 2004 @ 1214, 1215): Alaggia (1994) = 58% did not disclose until adulthood Roesler & Wind (1994) = 64% did not disclose until adulthood Arata (1998) = almost 2/3 of women didn’t tell anyone at time of abuse –Mean delay between onset of abuse and disclosing = 3 to 18 years (Alaggia @ 1215) E.g. Smith et al (2000) – almost half of victimized girls did not tell anyone for at least 5 years post abuse & 28% had not told anyone until research interview.

22. The University of SydneyPage 22 Barriers to disclosure –Victim at time of abuse not aware of wrongness or confused –Pressure from offender/family not to report –Ambivalent feelings towards offender (attachment issues; traumatic bonding; sense of loyalty) –Don’t want to revisit the abuse/crime –Fear of consequences of disclosure – for self/others

23. The University of SydneyPage 23 Barriers to disclosure –Awkwardness esp. around sexuality issue around sexuality and gender raised in relation to men) –Self-blame –Fear of not being believed & negative reactions –Personal nature – embarrassment/shame/humiliation –May be seen as abuser themselves due to (mis)beliefs around ‘cycle of abuse’ –Psychological trauma & mental health effects of the abuse

24. The University of SydneyPage 24 Understanding disclosure is important – why? –Understanding barriers is important in supporting victims in disclosure –Disclosure usually not a linear process & part of continuum of experience –Disclosure may be traumatic –Aftermath of disclosure –Response received to disclosure may mediate sequelae of victimisation – outcomes for victims

25. The University of SydneyPage 25 Gender differences in disclosure Boys and men less likely to disclose and report CSA Dynamics of abuse –‘Real men’ – not ‘victims’ or vulnerable/sexual prowess –Fear of homosexuality – label and self-label –Fear of victim-to-offender cycle – More likely to be seen as instigator ?

26. The University of SydneyPage 26 Criminal justice

27. The University of SydneyPage 27 Preparation – ‘justice journey’ –Age appropriate pathways and support for victims –Provision of information –Referrals –Familiaristion

28. The University of SydneyPage 28 Difficulties for young victim complainants –Being able to tell ‘story’ – own voice – fractured story –Adversarial cross-examination – not being believed –CSA attack on credibility – twisted defence narrative in legal fictions – “peripheral becomes central” * –Misunderstandings and exploitation of myths re delayed disclosure and continued relationship etc. * Carolyn Taylor (2004) Court-licensed abuse …

29. The University of SydneyPage 29 Difficulties in the courtroom – Long delays in getting to court – Long wait at court & protracted court processes – Formal and intimidating court environment – Coming face-to-face with the defendant etc – Complex language – Confrontational questioning – Processes that are child-unfriendly

30. The University of SydneyPage 30 Responding to needs of young victims in the courtroom –Reduce delays & adjournments –Improve court environment –Skills & sensitivity of professionals –Appropriate processes – pre-recording, CCTV, support persons, intermediaries

31. The University of SydneyPage 31 Conclusions

32. The University of SydneyPage 32 Supporting victims in prosecution Victims need: –To be consulted in processes of prosecution (Charter of Victims Rights) –Decisions in the case to be put in context and clearly explained to them throughout the case –Prosecutors and others involved in the case to understand the impacts/trauma of the abuse on the victim and how the prosecutorial process may be re-traumatising for the victim. Their trauma in the prosecutorial process to be acknowledged and appropriate support services/referrals provided.

33. The University of SydneyPage 33 Supporting victims in prosecution –To understand how much prosecution means to victims and what it represents to them –To be treated with respect throughout the prosecutorial process e.g. in way communication is managed/arranged, preparation for court –See that prosecutors actually care about the victim and the case

34. The University of SydneyPage 34

35. The University of SydneyPage 35 Charter of Victims Rights (NSW) Information about prosecution of accused 1. A victim should be informed in a timely manner of: (a)The charges laid against the accused or the reasons for not laying charges, (b)Any decision of the prosecution to modify or not to proceed with charges laid against the accused, including any decision for the accused to accept a plea of guilty to a less serious charge in return for a full discharge with respect to the other charges, (c)The date and place of hearing of any charge laid against the accused, (d)The outcome of the criminal proceedings against the accused (including proceedings on appeal) and the sentence (if any) imposed.

36. The University of SydneyPage 36 Charter of Victims Rights (NSW) 2. A victim should be consulted before a decision referred to in paragraph (1) (b) is taken if the accused has been charged with a serious crime that involves sexual violence or that results in actual bodily harm, mental illness or nervous shock to the victim, unless: (a)The victim has indicated that he or she does not wish to be so consulted, or (b)The whereabouts of the victim cannot be ascertained after reasonable inquiry.