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Info sheet: The Legal Process
After a child discloses that they have been sexually abused, the family usually becomes involved with many agencies they may never have had contact with before. Families are often in a state of shock and are trying to cope with the effects of the sexual abuse and disclosure. Being faced with a host of different agencies and people can become overwhelming, leading to confusion and frustration.
Many parents who come to Rosebank are unclear about the role each agency plays and they may not know about their rights. Parents sometimes tell us that they feel unable to ask questions and can find some agencies or workers intimidating.
This fact sheet briefly explains what each agency’s role is and how the legal process works. We have also included answers to common questions parents ask us.
NSW Department of Community Services (DOCS)
Usually, when a child discloses that they have been sexually abused, the first agency that becomes involved is the NSW Department of Community Services, commonly known as DoCS.
If a child discloses sexual abuse, DOCS have to be informed. Their job is to keep children safe and they need to investigate what happened and make sure the child is now safe.
If there is enough evidence or information, they will then refer the case to the Joint Investigation Response Team, often referred to as JIRT. If there isn't enough information, a DOCS worker may interview the child to gather more evidence.
Joint Investigation Response Team (JIRT)
The JIRT is made up of a partnership between DOCS and NSW Police staff, who work together on Child Protection matters. They only investigate allegations in relation to child sexual abuse and severe physical abuse of children.
Their priority is the safety and welfare of the child. At JIRT, your child will be allocated two workers, a DOCS caseworker and a Police officer, who will work together. Generally, when they are allocated a case they will first conduct what’s called a “Disclosure Interview”. This helps them find out what happened and how clear the child is. Sometimes this may take more than one visit as children may become distressed or tired during the interviews.
After this, the JIRT team consider whether there is enough evidence to go to Court. They usually involve the parents and child in this decision. It can be a difficult decision and the pros and cons should be discussed with the JIRT officers.
Office of the Director of Public Prosecutions (ODPP)
The ODPP prosecute anyone who has been charged with a criminal act. Their job is to prove in a Court of law that a crime was committed and that “the accused” (the person charged) was responsible.
The ODPP will allocate a solicitor who will look after the case. As it gets closer to court, a Crown Prosecutor will be allocated. The Crown Prosecutor is the person who argues in court and the solicitor assists the Crown Prosecutor.
If you have any worries or questions about Court, there is a Witness Assistance Scheme (WAS) Officer at the ODPP whose job is to help you and your child prepare for court.
There are two types of courts, the Local and District Courts. The Local court is where a Magistrate makes decisions about whether a crime took place. The District court deals with more serious charges than the Local court and generally involves a Judge and Jury.
Going to court can be a long and frustrating process. It is common for trials to be postponed for many different reasons. It can also be a very distressing time for the child and family. That is why it is really important to discuss the process with the JIRT and ODPP staff and others involved, to help you prepare.
Victims of sexual assault can use the Closed Circuit TV (CCTV). Since the evidence provided by children and young people has been video taped, they do not need to re-tell their story in Court. However, they will be cross-examined on their video statement. Using CCTV, they can do the cross-examination while sitting in another room, where they talk into a video camera which is shown in the court room. This protects the child from having to give their evidence in front of the accused in Court. However, sometimes the CCTV facility is not available.
At Rosebank, our counsellors are sometimes available to attend Court as support people for their ongoing clients. We also do Court preparation with victims of sexual assault who have to attend court as witnesses.
People usually have many questions and worries about Court. Some common questions we receive we have outlined below, along with our answers. If you have any others, let us know and we will do our best to answer them.
Common Questions Parents Ask about the Legal Process
Can I be present at the disclosure interview at JIRT?
Given the legal nature of the process, usually parents are not allowed to sit with their child during the JIRT interview.
How long does the process take with JIRT?
Sometimes the process can take time as JIRT staff can be very busy. They prioritise cases based on the child's safety. If the child is away from the abuser and the abuse has stopped, it may take longer for the interviews and statements to be taken. This can be very upsetting and frustrating for parents.
Talk to the JIRT staff about this, ask questions and get support from other services such as ours.
How long does the process take at Court?
There is no simple answer to this. The Court process can take months, and in some cases years, to be completed. It is not uncommon for families to go to Court on the trial date and be sent home due to the trial being adjourned. It can be a very long and slow process.
How often does the accused get convicted of the offence and sent to gaol?
It is very difficult to get a conviction in child sexual assault matters. Generally, it is the child’s word against the adult‘s. Our current Justice System has particular rules of evidence that make it difficult to prove that abuse has taken place. For example, often children cannot remember times and dates, which are important evidence in the Justice system. It can often feel as if the odds are stacked against the child. Also, there are many myths about child sexual abuse in our culture and many people find it hard to believe that it has happened. This can be frustrating, angering and confusing for children and parents. We encourage families to separate Court outcomes from their healing. We believe that people can heal from sexual abuse, without a guilty verdict at Court.
If the charges don’t proceed, is that the end?
No. If more evidence becomes available, it may be possible for charges to be laid in the future.
Remember, there are never any silly questions. If you are unsure of anything, ask the worker involved about it.
If you do not feel that you understand or are unclear, keep asking until you have a clear answer.