The ability of the courts to secure justice for child sexual abuse victims may be diminishing, despite decades of law reform, the head of a royal commission says. Justice Peter McClellan gave the warning as data covering almost 20 years showed a massive fall in the number of child sexual abuse cases that make it to court. An analysis of police and court data from NSW suggests a steady increase in the number of incidents of child sexual assault offences reported between 1995 and 2013. But for the same period, the proportion of child sexual assaults reported to police where charges were laid declined dramatically, from around 60 per cent in 1995, to around 15 per cent in 2013. The figures have raised concerns the trend is being replicated across other jurisdictions. In spite of the issues being well known, and in spite of decades of reform, the preliminary results from some of our research suggest that the opportunity to secure justice for victims of child sexual abuse through the criminal justice system may in fact be decreasing, rather than increasing," he said. Justice McClellan said further reform must be considered, including introducing special child sex abuse courts, and even eliminating juries. The decline in prosecutions also raised the prospect that complainants find the criminal justice system too traumatic or damaging, he said. "If the system is too damaging or traumatic for complainants, then we must consider how the system could be improved for the complainant, while still delivering a fair trial for the accused."
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