Prosecutorial discretion about special measure use in australian cases of child sexual abuse

Abstract

A Prosecutorial Reform Index developed for the American Bar Association Rule of Law Initiative included discretionary functions among 28 factors that provide "an empirical basis for examining the status and role of prosecutors and the environment in which they work in transitioning states throughout the globe". The chapter examines contemporary practices in Child Sexual Abuse (CSA) cases to present the complainant's evidence by reviewing prosecutorial considerations regarding uses of special measures with vulnerable complainants in three Australian jurisdictions. It also examines the extent of prosecutorial support for and use of special measures, reasons for their use or non-use and their impact on case outcomes and decisions to discontinue a case. To improve the experience of CSA complainants, whether adults or children at the time of trial, and the quality of the evidence they provide special measures for the giving of evidence by vulnerable complainants were legislatively implemented in all Australian jurisdictions.