Findings relating to Family Court, police and child protection responses are based on a review of 65 published family law cases and qualitative interviews with practitioners and survivors.
Domestic violence in the home somewhat increases the risk of co-occurring child sexual abuse; however, child sexual abuse in the home significantly increases the risk of co-occurring domestic violence.
Girls are more likely to experience co-occurring child sexual abuse and domestic violence than boys.
In the majority of cases (90.7%), initial allegations of abuse were made by the mother. In half of these instances, the child ultimately came to live primarily with their mother, and in the other half, with their father.
In 40% of cases, one or both parties were self-represented for some or all of the proceedings. Just over a quarter (27.1%) of matters were case managed by the Magellan List, which is designed expedite matters that involve (or are suspected to involve) allegations of child abuse.
The majority of cases involved an Independent Children’s Lawyer (ICL). In our study, the ICL supported the account of:
the accused parent (usually a father) in 66.7% of cases
the accusing parent (usually a mother) in 23.8% of cases
The Court either partially or totally adopted the orders proposed by the ICL in the majority (85.7%) of cases where an ICL was involved. In almost half of cases (44.1%) where mothers made allegations of co-occurring domestic violence and child sexual abuse, the Court found their parenting capacity was affected by mental illness.
Child sexual abuse is more difficult to substantiate than domestic violence. In cases of co-occurrence, the alleged perpetrator may have a documented history of domestic violence while a sexual abuse allegation is less likely to be substantiated.
This evidentiary picture has multiple cascading implications. Women are in a double bind: Even where domestic violence has been documented, women can be penalised if they are seen to have overreacted to the possibility of child sexual abuse, but they can also be punished if they are viewed as not responding swiftly or proportionately enough to child safeguarding risks.
Children are at risk of harm: Where domestic violence is documented but child sexual abuse is not substantiated, children may be obliged to spend unsupervised time with their father despite having disclosed sexual abuse by him.
Responses to domestic violence and child sexual abuse are siloed and relevant services are not cooperating to provide holistic support for women and children.
Responses to complaints of co-occurring domestic violence and child sexual abuse are shaped by gendered stereotypes that heighten suspicion and judgement for women in ways that are not present for men.
Domestic violence constrains and complicates women’s reactions where they suspect, or where their child alleges, sexual abuse by the male partner. Child sex offenders can abuse and groom women in ways that undermine women’s social supports, autonomy, mental health and confidence in their own judgement.
Source: NC_Comissioned_Research_Salter_Improving_Responses_Final_Report.pdf