The Hearsay Rule and Delayed Complaints of Child Sexual Abuse: The Law and the Evidence

Abstract

T his article discusses the implications of two recent High Court cases on the admissibility of hearsay evidence of a child's delayed disclosure of child sexual abuse. It compares and contrasts the traditional legal significance of delayed disclosure (as being evidence of fabrication) with prevalence studies from the psychological literature which show that a majority of children delay disclosure and that, rather than being an aberrant feature of child sexual abuse, delay is a typical response of sexually abused children as a result of confusion, denial, self-blame and overt and covert threats by offenders. In addition, several self-report studies of offenders confirm that grooming processes create a relationship of power between the child and offender such that delayed disclosure appears to reflect the position of powerlessness of the sexually abused child within that relationship. In light of what the psychological literature tells us, this article challenges the narrow legal approach to the admissibility of hearsay evidence of delayed disclosure and suggests that a special exception should be made for hearsay statements of a child's delayed disclosure in child sexual assault trials.

Online Child Sexual Exploitation

“…It is therefore commonly understood that the process of sexual grooming creates a relationship of power and imbalance between an offender and their victim that leaves children feeling confused, in denial and embarrassed, as well as blaming themselves (Cossins, 2002). Gillespie (2002) argues that the activity of sexual grooming is not new, but that the Internet provides new and distinct opportunities for the sexual exploitation of children, of which grooming is frequently a pre-requisite.…”

“…However, offenders may also employ coercive strategies in order to retain a child's compliance. These may be in the form of threats involving a child's parents, harm, violence, or bribes, such as material gifts or other privileges (Cossins, 2002;Craven et al, 2006). As a result, feelings of guilt and responsibility have been reported as a common experience among children, in particular if coerced into performing sexual acts.…”

“…As a result, feelings of guilt and responsibility have been reported as a common experience among children, in particular if coerced into performing sexual acts. This may be reinforced by offenders employing more psychological strategies in the form of blaming and complicity (Cossins, 2002;Craven et al, 2006).…”

“…It is therefore commonly understood that the process of sexual grooming creates a relationship of power and imbalance between an offender and their victim that leaves children feeling confused, in denial and embarrassed, as well as blaming themselves (Cossins, 2002).…”

Simulated jury decision making in online focus groups

“…Given these significant concerns for young people, it is expected that our legal system should protect and seek justice for child victims of sexual assault. One difficulty faced by the legal system is a lack of corroborating evidence (Cossins, 2002). CSA is often perpetrated in a shroud of secrecy and the child often knows the alleged offender.…”