VIOLENCE AGAINST CHILDREN

Some Global Statistics

 53,000 children were murdered in 2002 150 million girls and 73 million boys under the age of 18 were subject to forced

sexual relations or other forms of sexual violence Between 20 and 65 percent of schoolchildren reported having

been physically or verbally abused while in school Between 100 and 140 million girls and women were subject to genital mutilation

218 million children were exposed to child labour, including 126 million who worked under dangerous conditions

1.8 million children were forced into prostitution and pornography

 1.2 million children were victims of child trafficking [1]

Australia’s statistics 

Total notifications

Total finalised

investigations

Total substantiations

Children on orders

Children in OOHC

1998-99 103,302 50,009 (a) 17,881 15,674

1999-00 107,134 47,007 24,732 19,262 16,923

2000-01 115,471 66,265 27,367 19,917 18,241

2001-02 137,938 80,371 30,473 20,557 18,880

2002-03 198,355 95,382 40,416 22,130 20,297

2003-04 219,384 (b) (b) (b) 21,795

2004-05 252,831 121,292 46,154 25,065 23,695

2005-06 266,745 137,829 55,921 27,188 25,454

2006-07 309,448 (c) 60,230 29,641 28,379

2007-08 317,526 148,824 55,120 34,279 31,166

Source: AIHW (2009)

Types of Confirmed cases in Australia 2007-2008

NSW VIC QLD WA SA TAS ACT NT AUS

Emotional Abuse

13,106

2,814

2,955 304 1,106

429 382 214 21,310

Neglect 10,429

634 2,286 621 881 491 314 260 15,916

Physical Abuse

6,725 2,507

2,182 280 249 212 86 162 12,403

Sexual Abuse

3,875 410 605 259 95 82 45 120 5,491

TOTAL 34,135

6,365

8,028 1,464 2,331

1,214

827 756 55,120

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 UNDER SECTION 23 (1) A child at risk of significant harm if current concerns exist for the safety, welfare or well-being of the

child or young person because of the presence, to a significant extent, of any one or more of the following circumstances:

(a) the child’s or young person’s basic physical or psychological needs are not being met or are at risk of not being met,

(b) the parents or other caregivers have not arranged and are unable or unwilling to arrange for the child or young person to receive necessary medical care, (b1) in the case of a child or young person who is required to attend school in accordance with the Education Act 1990 -

the parents or other caregivers have not arranged and are unable or unwilling to arrange for the child or young person to receive an education in accordance with that Act,

(c) the child or young person has been, or is at risk of being, physically or sexually abused or ill-treated, (d) the child or young person is living in a household where there have been incidents of domestic

violence and, as a consequence, the child or young person is at risk of serious physical or psychological harm,

(e) a parent or other caregiver has behaved in such a way towards the child or young person that the child or young person has suffered or is at risk of suffering serious psychological harm,

(f) the child was the subject of a pre-natal report under section 25 and the birth mother of the child did not engage successfully with support services to eliminate, or minimise to the lowest level reasonably practical, the risk factors that gave rise to the report.

Note: Physical or sexual abuse may include an assault and can exist despite the fact that consent has been given.

CHAPTER 4 - CHILDREN AND YOUNG PERSONS IN NEED OF CARE AND PROTECTION

CHILDREN ABUSED BY PARENTS OR CARETAKERS: S.34-36 ACTION TAKEN BY DIRECTOR-GENERAL S.37 USE OF ALTERNATIVE DISPUTE RESOLUTION S.38 CARE PLANS S.38 PARENT RESPONSIBILITY CONTRACTS

Crimes Act Section 87: CHILD ABDUCTION (1) A person who takes or detains a child with

the intention of removing or keeping the child from the lawful control of any person having parental responsibility for the child, without the consent of that person, is liable to imprisonment for 10 years.

(2) A person who takes or detains a child with the intention of stealing from the child is liable to imprisonment for 10 years.

Crimes Act Section 91G: Children not to be used for

pornographic purposes (a) use in pornographic purposes, or (b) causes or procures a child of that age

to be so used, or (c) having the care of a child of that age,

consents to the child being so used or allows the child to be so used, • Under 14 years old – max penalty 14 yrs

imprisonment • Over 14 yrs old – max penalty 10 yrs

imprisonment

Mechanisms

CHAPTER 12 - CHILDREN’S SERVICES

S.200 Meaning of “children’s service” (1) For the purposes of this Act, a "children’s service" is

a service that provides education or care (other than residential care), or both education and care, whether directly or indirectly, for one or more children under the age of 6 years and who do not ordinarily attend school (disregarding any children who are related to the person providing the care).

Child Protection

Some children who are found to have suffered abuse and neglect are removed from their homes by child protection authorities

There were 31,166 children placed in out of home care by the 30th June 2008 31% were aged 10-14 yrs 30% were aged 5-9 yrs 25% <5 yrs 14% aged 15-17

MANDATORY REPORTING

Compulsory reporting of child abuse, suspected or witnessed, by certain individuals. This can include teachers, doctors, school counselors and everyone who works with the child. If so a report can be made to the Department of community Service (DoCS) is legally required to investigate the case.

CROC (Convention on the Rights of the Child) built on varied legal systems and

cultural traditions universally agreed set of negotiable

standards of obligations first legally binding international

instrument to incorporate the full range of human rights civil, cultural, economic, political and

social rights set out in 54 article and two optional

protocols

CROC

1989, world leaders decided that children needed a special convention because people under 18 years old often need special care and protection that adults do not.

also wanted to make sure that the world recognizes that children have human rights too.

CROC- What’s it about?

spells out the basic human rights that children everywhere have the right to survival to develop to the fullest to protection from harmful influences,

abuse and exploitation to participate fully in family, cultural and

social life.

CROC- What is it’s principles? The four core principles of the

Convention are: non-discrimination devotion to the best interests of the

child the right to life, survival and

development respect for the views of the child.

Every right spelled out in the Convention is inherent to the human dignity and harmonious development of every child.

What does it do?

The Convention protects children's rights by setting standards in health care; education; and legal, civil and social services.

OPERATION PARADOX

Special campaign run by NSW police and DoCS for one day every year to enable people to report child sexual abuse confidentially

has received over 7000 calls since 1990.

Dympna House

a child sexual assault and incest counselling service, based in Sydney. It provides counselling, health information, referral services and other relevant support for child welfare and domestic violence.

CASE Study ONE: Anon v. MacKay District Court 2007 33 year old man poured caustic soda

down his 4 year old step-daughter’s throat and over her genitals, and was the cause of her 5 fractured ribs and a broken arm

Charged with two counts of grievous bodily harm

Judge Dick handed down two concurrent 15 year sentences

No precedent in Queensland as the crime was so gruesome (Prosecutor Nigle Rees)

Mother charged with child cruelty Failing to provide necessary medical

care: 5yrs imprisonment

CASE STUDY TWO:

Christopher Hoerler (26) is charged with child abuse of a 7 month old baby The child was found with a lacerated

liver, a torn lip, bruises to the pancreas, multiple rib fractures and crushed toes

Pleaded not guilty Recieved 10 years imprisonment