Abused all over again: Child sex abuse and inaccessible justice

Research output: Chapter in Book/Report/Conference proceedingConference PaperResearch

Abstract

The Royal Commission (and before it, the Victorian Parliamentary Inquiry into the handling of child abuse by religious and other non-government organisations) has revealed the experiences of child sex abuse survivors trying to navigate the justice system and provided a rare insight into the role of lawyers and the way procedure has been utilised.
The need to revisit highly traumatic experiences in the court setting has itself presented a significant challenge to survivors, making it difficult to function from day to day during and after litigation. The experience of conducting proceedings in the face of a highly adversarial defence has been characterised by survivors as further abuse, exacerbating the effects of the wrong they seek to redress.
While substantive law has not readily accommodated child sex abuse claims, the use of procedure has often served as an impediment to determination on the merits and has limited the opportunity to generate a body of jurisprudence and develop the common law.
Original languageEnglish
Title of host publicationThe Future of Civil Procedure
Subtitle of host publicationInnovation and Inertia
Pages1-17
Number of pages17
Publication statusPublished - 17 Feb 2016
EventThe Future of Civil Procedure: Innovation & Inertia - Monash University - Australian Centre For Justice Innovation, Melbourne, Australia
Duration: 17 Feb 2016 → …
http://www.supremecourt.vic.gov.au/home/contact+us/speeches/the+future+of+civil+procedure+-+innovation+and+inertia

Conference

ConferenceThe Future of Civil Procedure
CountryAustralia
CityMelbourne
Period17/02/16 → …
Internet address

Cite this

Penovic, T. (2016). Abused all over again: Child sex abuse and inaccessible justice. In The Future of Civil Procedure: Innovation and Inertia (pp. 1-17)