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Evening Standard
January 12, 2002
Great care needed on sex abuse
Editorial
There's a strong suggestion that criminal law and accident compensation law
have lost touch with each other, potentially to the detriment of the
community; writes the Manawatu Evening Standard in an editorial.
The return of lump sum accident compensation, and the inclusion of sexual
abuse as a qualifying 'injury', at first sight appear socially beneficial.
But the problem is in the process of being sure the abuse happened, and the
potential for the proposed `easy' system to actually obstruct the second
essential need: Identifying, proving, punishing and rehabilitating abusers.
There is no requirement under the system from April 1 for 'proof' of sexual
abuse. No need for a complaint to police against an alleged abuser. No need
for the alleged abuser to be named. The requirement is simply that the
claimant satisfy the corporation it happened and there is 'injury' as a
result.
Set that alongside the meticulous and demanding requirements under criminal
law. Especially where the abuse of young people is concerned, no crime
carries such stigma in the community. Special procedures and requirements
have evolved over decades - processes unique to this kind of offence,
recognising that sexual abuse matters carry with them such special
sensitivities and needs for protection. Rightly so, since the outcome may
well ruin lives.
This week Parliament has heard figures showing about half of sexual abuse
charges before the courts fail, and in some types of charge as few as one in
10 reach a conviction.
Some appear to see this as suggesting an inadequacy of the police/court
system that monetary compensation can somehow rectify. But there is another
position: How often does the judge/jury decide it simply didn't happen?
Our society requires that those who sexually abuse children and people unable
to protect themselves must be stopped and must be punished. It's also
important those accused and found blameless be known to be so.
The goal of our lawmakers must be to make it easier for real victims to make
that difficult step of laying the formal complaint with police, and improving
the reliability of the process that follows.
To introduce a system which provides money and services for alleged victims
without abusers being brought to account is to perpetuate abuse, invite
fraud.
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