Sexual offences against young children

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Both in Australia and overseas, there have been substantial increases in the number of rapes being reported to the police (Walker, 1994). It has been suggested that this increase in reporting is significantly affected by a greater number of adults reporting offences which had occurred some time earlier, particularly intra-familial rape, and rape by an authority figure. (Ross and Bereton 1994:13). Reasons for the increase in reporting include the existence of a greater number of support devices for survivors of sexual assault, a greater acceptance and understanding of the reasons why children and young people do not speak about sexual assault at the time of the offence, and an increased demand on police in most states by victim/survivors who want to see the adults who assaulted them as children going to trial.

There has been a corresponding demand that the legal system be made more responsive to victims/survivors of past sexual assault, and a recognition of the importance of formal justice to both the victim/survivor and the offender. However most of the changes in the legal system are detectable in areas of civil litigation or crimes compensation, as more victim/survivors seek redress or compensation through civil action. Despite this demand, change has been slow, and the determination to proceed through the criminal justice system with a report of a sexual assault which occurred as a child, is a demanding option for the victim/survivor and her/his network. However, this option is not to be discouraged on this count. Rather it requires full preparation and understanding of both the legal options and the implications of a decision to report the crime and make a full complaint. Successful prosecutions of sexual assault offenders against children forms an important part of community sanctions against violence. The timing of the report should not impact on the victim/survivor's right to seek justice.

As part of the decision to report, it is important to check with a lawyer or the police as to whether time limitations exist for the prosecution of any of the offences. This is due to the existence of some time limitations on the ability to prosecute some changes, if the offences are not reported within a certain period of time after their commission.

The law specifies a range of categories of sexual offences against children and young people.

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