*TRIGGER WARNING*

I stand before you today as a Senior Psychologist working both in Private Practice within The Clinical Health Care Industry and Corporate, Legal and Government Sectors for over two decades now who has been face to face with countless Victims of Historical Intrafamilial Child Sexual Abuse (CSA). Their often tragic stories have echoed through the halls of my practice and in my mind, voices desperately seeking justice that our current Legal System fails to provide. I see these patients grappling with the harrowing remnants of their past. 

Whilst very few Victims were able to report their CSA abuse to a protective member of their family as a result of fear, significant shame, threat, secrecy, dissociation, confusion or being unable to fully understand their abuse experience as a child at the time of the event/s, memories, their decision to report the perpetrator/s often does not occur until they reach adulthood and sometimes even as an older adult given these events can often take many decades to process and reveal themselves fully ie: following a precipitating re-triggering event or within the confines of therapeutic intervention. They are individuals who bravely confront their disturbing history, whilst simultaneously laboring under the inequities served to them by the legal system. 

Despite their immense suffering and bravery, the majority of the Victims report that they do not succeed within the Legal realm to voice their experiences and are not awarded Criminal Injury Compensation Claims (or receive merely token amounts) due to the Historical nature of their Intraframilial Child Sexual Abuse. Victims are also often re-traumatised during very long drawn out legal processes, being forced to face their perpetrators and 'repeat their story over and over again' to multiple authorities whilst being cross examined by aggressive legal defense teams to ultimately minimise and diminish their accounts, experiences and the significant impact the experience has had on their lives in order to protect their perpetrator clients. I have also witnessed many times - when historical CSA cases are taken on by the Department of Public Prosecutions (DPP) or the Victim decides to begin a very expensive Civil Case (should a legal agency agree to represent them), this rarely guarantees success of a perpetrator conviction (especially given their evidence and witnesses are often significantly limited) leaving them further traumatised. In rare cases when a legal agency 'does agree' to take on a Civil Historical Victims' CSA case, they will only do this if the victim can prove that the perpetrator has the financial means (ie: owner of a property etc). As such, Historical Intrafamilial CSA Legal Cases result in very low rates of offender convictions particularly as a result of the many stringent legal processes that these perpetrator crimes require to ultimately 'be proven guilty beyond a reasonable doubt' by trial juries. 

This lack of restitution for Historical Intrafamilial CSA Victims further entrenches their trauma and significantly hinders their healing process which I have witnessed time and time again. We have in the past and still are facing a crisis of children being sexually abused within the confines of their own families and homes historically with no recourse for legal, psychological or financial support. Many of these survivors have been let down by our judicial frameworks when attempting to convict their abusers (due to the secretive and insidious nature of intrafamilial CSA) and are either denied Criminal Injury Compensation Claims or receive minimal compensatory amounts as a result of their CSA Cases being Historical. 

Research has consistently shown that adult survivors of Child Sexual Abuse have high rates of mental illness, substance abuse, poor physical health and unfortunately often suicide as a result of their interpersonal torment and lacking support. An experience no-one wants to talk about. Furthermore an established body of knowledge exists, clearly linking CSA with higher rates in adults of depressive symptoms, anxiety symptoms, eating disorders and post-traumatic stress disorders. Clients with substance abuse problems report high levels of exposure to CSA and a recent review of 12 studies indicated rates of CSA among those in treatment for alcohol abuse was up to 84 %. In a study of pathways between drugs and crime, drug abuse consistently pointed to histories of sexual abuse. Suicidal tendencies & Self-mutilation has been associated with CSA in a number of studies and consistently described amongst survivors. Another study also found that 80 to 85 per cent of women in Australian prisons have been victims of Intrafamilial Incest by family members. In addition to this, individuals with sexual assault and abuse histories present with physical problems with greater frequency than those who have not experienced CSA, and utilise higher levels of health care (more physician visits and higher outpatient expenditure) than non-sexually abused patients.

Consider data from The National Child Traumatic Stress Network which reveals that 1 in 4 girls and 1 in 6  boys will be sexually abused before their 18th birthday, with 34% of perpetrators being immediate family members. Countless victims are left with psychological scars and financial burdens from their experiences and denied any form of justice. In a study by the Child Abuse and Neglect journal, it was uncovered that survivors of intrafamilial child abuse are almost twice as likely to experience psychological disorders in adulthood compared to individuals who had not experienced abuse (Fergusson, Lynskey, & Horwood, 1996). This metric underscores the profound long-term impact of such abuse and highlights the critical necessity of providing Historical Intrafamilial Child Abuse Survivors with adequate legal forums (despite lacking tangible or DNA evidence), therapeutic support and access to Criminal Injury Compensation Claims.

Police and Detectives appear lack lustre in taking formal statements too from Intrafamilial CSA or SA Victims or formally charging perpetrators given they are fully aware that historical CSA/SA offenders get away with it more often than not within our current legal system and the paperwork is considerably time-consuming showing that Australian Police Resources are low and processes too lengthy and cumbersome.

This petition argues for an essential paradigm shift in our legislation. As such, we advocate for a much-needed Legal Reform in how Compensation Claims are adjudicated, ensuring that no survivor is denied their rightful claim due to dated injustices. Reform needs to provide a more streamlined process for Historical Survivors of Intrafamilial CSA similar to that of the National Redress Scheme introduced in 2018 for Australian Survivors of Institutional Child Sexual Abuse. 

Whilst the recent Royal Commission into Institutional Child Sexual Abuse cases created more effective Law Reform, Support, Education, Training and a considerable Compensatory outcome for Victims of these crimes (which is a positive step),  Intrafamilial Historical Victims of Child Sexual Abuse deserve to be awarded the same Justice, Privacy and Integrity processes within our Court System, the Community and by The Victims of Crime Compensation Services. We need Comprehensive Reform that provides sufficient support, especially in terms of compensation, to victims who were trapped in these traumatic situations when they were innocent, vulnerable children living within their own family homes.

We cannot change their past, but we can transform their future. We call on Lawmakers, the Judicial System, and Victims of Crime Services to amend their policies and apply a more victim-centered and compassionate approach.

The time for change is NOW. We propose reforms to offer these survivors the protection, justice, and compensation they rightfully deserve. Our fight is for the acknowledgement of their pain and for taking decisive action against those responsible who often get away with these crimes as a result of ‘lack of evidence’ due to the often secretive and insidious nature of Intrafamilial Child Sexual Abuse.

Your support is a step towards that justice. Please, sign this petition today and join us in this fight to the end. Every voice matters and every signature counts. We can make a difference. Together, we can change the law for the better.

Together, we can help survivors obtain the justice they've been denied for far too long. Sign this petition to instigate changes towards justice, reform, and compensation for these survivors.