Gaps in Sexual Offences Regarding Persistent Child Sexual Abuse Cases
Last week, a 58-year-old man has been acquitted of all 13 Rape and 1 Indecent Assault charges following accusations of the repeated sexual assault of his daughter at their home over an eight-year period.
There has been a lot of discussion about this case, and there are commenters alleging the victim fabricated her account. We are here to discuss some frequently asked questions.
→ "Does 'acquittal' mean the sexual assault did not occur?"
Child sexual abuse is often not disclosed until a considerable time has passed. Unfortunately, under the current legal framework, despite being repetitively abused, charges of sexual offences must be made based on each individual separate incidents.. Survivors are required to recall with precision the frequency of the assaults, the dates, and the distinguishing features of each incident. When sexual assault occurs repeatedly over an extended period, survivors, whose cognitive development at the time of the abuse may limit their ability to fully process events, already face challenges in clearly recognising and distinguishing the details of each assault. Accurately recalling and describing the specific circumstances of each sexual assault many years later is even more difficult. Requiring survivors to provide such detailed accounts often lead to inconsistencies in their testimony. If survivors are unable to recall details with complete accuracy, the jury is compelled to find the defendant not guilty, adhering to the principle that the benefit of the doubt is given to the accused, even if other evidence suggests that sexual assault likely occurred within a period
For instance, in one trial, a survivor of childhood sexual abuse was asked to provide detail for each of more than ten sexual assaults that occurred repeatedly over a ten-year period. This included the time of each incident, the duration, whether the defendant used their left or right hand, the sequence of every action, and every word spoken during each incident. Similar cross-examinations were conducted, alongside criticisms of the survivor's childhood behaviour, and questioning of how the survivor could have been assaulted multiple times without resisting or continuing to interact with the perpetrator. Such tactic can serve to undermine the survivor’s credibility.
This requirement for proof is often impractical and unreasonable for survivors who experienced persistent childhood sexual abuse.
We must emphasise that an acquittal within the existing legal framework does not mean sexual assault did not occur. Rather, it further illustrates the current legal framework's inadequacy in addressing the realities faced by survivors, which can allow perpetrators to exploit legal loopholes and evade justice. This outcome can contradict public expectations of judicial fairness.
→ "If someone was repeatedly sexually assaulted, why wouldn't they resist or seek help?"
The reality is that it is common for individuals who experience repeated sexual assault from childhood to develop "learned helplessness," a psychological state in which they believe their actions will not alter their ongoing negative circumstances. Consequently, they may feel compelled to "accept their situation" and, in order to avoid further harm, may even comply with the perpetrator's actions.
Perpetrators of persistent child sexual assault are frequently relatives or adults with close relationships to the child, where there is significant power imbalance in the relationship. Perpetrators take advantage of the trust and respect of the child to sexually exploit them and enforce secrecy, which can lead survivors to experience feelings of blame, guilt, and confusion. Intrafamily sexual abuse, in particular, can leave survivors feeling especially powerless to resist. This power imbalance makes disclosure at the time of the abuse even less likely. The absence of resistance and the maintenance of a seemingly normal relationship can be survival mechanisms for many sexual assault survivors.
It is crucial to state unequivocally that such actions do not constitute "consent" nor "permission." These are unequivocally acts of sexual assault.
→ "How can the system be reformed?"
Considering the distinct nature of persistent child sexual assault cases, several jurisdictions abroad have implemented various legal reforms to enable the criminal justice system to effectively respond to these cases. These reforms aim to ensure that perpetrators are held accountable and survivors receive the justice they deserve.
In the Australian state of New South Wales, the offence of "persistent sexual abuse of a child" requires the prosecution to prove two specific acts of abuse and a designated period, rather than the date of each occurrence or the specific circumstances of each instance, so as to better address the experiences of survivors of long-term sexual abuse. Several other Australian states have enacted similar legislation. The Hong Kong Legislative Council discussed introducing similar legislation in 2000; however, it was ultimately deferred due to legal technicalities and remains unresolved.
In the 2010s, the UK and Australia amended their laws to allow for prosecution of persistent sexual assault through "multiple incidents" count and "course of conduct" count, rather than requiring each incident to be prosecuted as a separate offence. This change seek to alleviate the unreasonable burdens on survivors to prove the specific circumstances and distinct features of each instance in cases of repeated sexual assault.
These approaches aim to ensure that the criminal justice system can address cases of persistentand repeated sexual assault more equitably, while balancing the rights of the accused with the realities faced by survivors.
With the public consultation on the comprehensive review of sexual offences legislation scheduled for 2025, the Association urges the authorities to utilise this opportunity for a comprehensive review of sexual offences legislation, including revisiting discussions on legal reform for "persistent sexual abuse" to close the loopholes in the current judicial system.
Further Data
Children may not immediately recognise how to seek assistance following sexual violence, resulting in delayed reporting and the prolonged period of sexual assault. Between 2019 and 2023, RainLily supported nearly 500 childhood sexual assault cases, with 55.9% involving repeated acts of sexual violence, and 60.2% of survivors first disclosing and seeking help more than five years after the abuse.