the university of sydneypage 1 can we improve outcomes for child and adolescent victims of crime?...

The University of Sydney

Can we improve outcomes for child and adolescent victims of crime?

Rita Shackel

Adelaide, November 2015Image by Picturepest @ Flickr

Victim Support Service in Partnership with Anglicare: Improving Justice and Support for Child and Adolescent Victims of Crime


Outline of presentationYES 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?


Snapshot:Victimisation rates of children and young people


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


Murder Victimisation by Age and Gender(2012)

Source: Australian Institute of Criminology, Australian crime: Facts & figures 2013 (2014), p. 15


Assault Victimisation by Age and Gender (2012)



Sexual Assault Victimisation by Age and Gender(2012)



Robbery Victimisation by Age & Gender (2012)



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 228.9 273.1 72.5 288.0 474.4

Female 190.4 223.8 107.6 249.6 392.7

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 2.5 3.0 0.8 3.2 5.2

Female 2.0 2.4 1.1 2.7 4.2

Rate of Victimisation

Source: Australian Bureau of Statistics, National Crime Victimisation Survey 2013-14 (published 17 February 2015)


Physical Assault

(%)

Face-to-face threatened

assault(%)

Non face-to-face threatened

assault(%)

Total threatened

assault(%)

Total Assault

(%)

15–19 3.0 4.1 1.8 4.4 7.020–24 4.0 4.6 2.2 5.1 8.125–29 3.7 2.8 1.3 3.0 5.730–34 2.4 2.9 1.1 3.5 5.135–39 2.2 3.1 1.2 3.6 5.040–44 2.7 3.3 1.1 3.7 5.745–49 2.6 2.4 0.7 2.5 4.750–54 2.8 3.2 0.7 3.5 5.655–59 1.5 2.2 0.4 2.1 3.460–64 1.1 1.9 0.6 2.0 2.965 and over 0.4 0.8 0.2 0.8 1.1

Rate of Victimisation


Physical and Threatened Assault – Victimisation by Age

(2013-14)


Experienced sexual assault in the last 12 months

'000

All Persons('000)

Victimisation Rate(%)

Male 8.5 8,649.0 0.1Female 41.0 8,945.9 0.5

Sexual Assault (2013-14)


Experienced sexual assault in the last 12 months

'000

All Persons('000)

Victimisation Rate(%)

18–19 9.3 561.8 1.720–24 8.2 1,577.8 0.525–34 14.5 3,369.7 0.435–44 10.8 3,171.2 0.345–54 5.8 3,052.7 0.255 and over 4.4 5,859.8 0.1

Victimisation by Gender

Victimisation by Age


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.


Approaches – guiding principles


Improving outcomes for children and adolescent victims of crime: guiding

principles


Empowering & supporting children & adolescents victims

– Voice– Sharing information – put in

context– Consultation– Decision-making– Agency – recognised &

enabled


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


Victimisation revealed


Identification

Why is identification important?

–Protection–Support–Pathways to disclosure and action


DisclosureConsequences?

– Victim – can tell their story– Make it stop– Intervention

But there may be negative consequences also:- Stigma- Retribution- Retraumatisation- Blame- Familial consequences


Understanding disclosureFactors 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


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.


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


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


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


Gender differences in disclosureBoys 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?


Criminal justice


Preparation – ‘justice journey’

– Age appropriate pathways and support for victims

– Provision of information– Referrals– Familiaristion


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 …


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


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


Conclusions


Supporting victims in prosecutionVictims 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.


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


Charter of Victims Rights (NSW)Information about prosecution of accused1. 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.


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.

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