Victoria’s path to child sex abuse prosecution

AUSTRALIA
Eureka Street

Ray Cassin | 13 November 2013

Will the recommendations of Victoria’s parliamentary inquiry into the sexual abuse of children in non-government institutions be overshadowed by the proceedings of the Royal Commission that is now under way? Probably, but it doesn’t matter. The first thing to be said about the Victorian inquiry, which tabled its report, Betrayal of Trust, in the state’s parliament today (13 November 2013), is that the MPs have done a far better job than many people — including this writer — had expected them to do in the relatively short time allotted to them, and without the resources available to the commission.

The inquiry’s recommendations are, with one important exception, carefully considered responses to the evidence the bipartisan committee received from 405 written submissions and in more than 160 hearings. Apart from the exception, of which more later, the Napthine Government should implement these recommendations and, if they are later subsumed under all-state legislation recommended by the Royal Commission, that will not render them pointless. They will have been a model and a guide in dealing with a problem that all forms of institutionalised authority — not only the churches — have preferred to avoid dealing with openly for far too long.

That is not to say, of course, that the sexual abuse of children has ever been condoned, let alone treated as less than a serious offence under criminal law. As the inquiry’s report notes, buggery of children under 14 and rape were capital crimes until 1949. But that official abhorrence makes all the more lamentable the fact that until the early 1990s abuse happened extensively in non-government institutions, especially the churches, and that perpetrators were typically redeployed rather than being suspended from their duties and the police notified.

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