Law change for children's evidence in abuse cases

Press, 9 November 1988, Page 12

Law change for children's evidence in abuse cases

PA Wellington Changes to the way children can give evidence in sexual abuse cases will be introduced in Parliament before the end of the year, said the Minister of Social Welfare, Dr Cullen. Changes to the law will follow recommendations contained in the report of the advisory committee on the investigation, detection and prosecution of offences against children, released by Dr Cullen yesterday. Many of the report’s recommendations have been sent to the Minister of Justice and would be influential in the preparation of amendments to provisions relating to evidence in sexual abuse cases. “These provisions, designed to lessen the distress children experience in giving evidence and to assist judge and jury towards a better assessment of that evidence, will be included in the Law Reform (Miscellaneous Provisions) Bill to be introduced later this year,” Dr

Cullen said. The advisory committee also recommended implementation of guidelines covering the investigation and management of sexual abuse cases which were drawn up by another committee in October, 1986. The report said it was of concern that the guidelines had not been adopted after more than two years. But Dr Cullen said yesterday that new guidelines, based on the 1986 recommendations, had been developed and would be released next month. Some of the main recommendations of the report include: @ Mandatory reporting of sexual offences against children. ® A multi-disciplinary approach to child abuse. © More credence should be given to children’s evidence. © Child abuse cases should be given priority with adjournment applications considered in light of possible effects on children and the quality of

evidence. ® Children giving evidence should be screened from the accused to avoid possible intimidation. © Some evidence laws should be changed to allow more material to be allowed as evidence. © The law preventing married people giving evidence against their partners should be removed in child sexual abuse cases. @ Laws regarding which previous offences can be taken into account in child sex abuse cases should be widened. The committee’s chairman, Dr David Geddis, a Dunedin pediatrician, said the main aim of the report was to encourage a change of attitude to the evidence of children. “From the point of view of the committee, we have attempted to traverse all the obstacles which fall in the way of a child from when he or she makes the first disclosure about abuse through to a successful prosecution,” he said.