The number of reports of children at risk of experiencing serious abuse or neglect has been rising steadily over the past decade, resulting in increases in the numbers of children entering alternative-care placements.

At the same time, there has been a rise in the number of reports that are never investigated, with a resultant decline in the proportion of substantiated reports of abuse.

Reports of abuse are classified through a central intake system which rates them according to the perceived level of risk of serious harm. The most dangerous, or Tier One cases, are required to have an immediate response. Those which do not achieve this classification may never be investigated or receive an active response.

The reasons for the steady rise in child protection reports are complex.  There is more awareness of child abuse in the community and perhaps more willingness to make a report.  On the other hand, federal government policies have steadily decreased levels of financial support to unemployed and single-parent families, leaving them less able to meet their family’s needs.

In addition, there has been rapid growth in the use of methamphetamine – a drug which is highly addictive and produces psychotic violent behaviour and heightens the sexual urges of users.  Other drugs of addiction, particularly alcohol, are linked with foetal alcohol syndrome and child neglect.

The rise of the internet has also enabled child sex offenders to access, produce and circulate more child pornography than ever before.   With one in three women being victimised by domestic violence, the homes and families where children are being raised can be where they are most at risk of harm.

Improving child protection

Responding to the problem is expensive, with high stakes.  If child protection authorities do not respond and a child is further injured or killed, the community wants action.  If child protection authorities act too hastily, the intervention may be more harmful than leaving the child with their family with extra support.

There have been three main suggestions in response to the arrest of a Families SA child protection worker who has been charged with producing child exploitation material using seven pre-school children in his care.  These are: A) employing only women to care for children in residential care, B) having two staff or surveillance cameras when children are in care settings and C) using improved psychological testing to detect offenders.

Each suggestion has merit.

Men comprise more than 90 per cent of child sex offenders, so removing men from care positions would dramatically reduce the risk of child sex offending.  Having constant surveillance would also limit opportunities for offending in secret.  Psychological assessment and background checks are important, but are of limited value if offenders learn and share how to respond to tests, and if they have never been reported or detected.

Another option is to provide child protection services within 24/7 community child-safe houses, located in high-need communities. The message to children and families would be that support and safety is always available when needed, rather than removing the child from their family and community, or leaving them to their own devices.

Children experiencing neglect or harm could get the meal, warm bed or safe space they need, while service staff would work with families to address the needs underpinning the child’s situation  – whether it be addictions, poverty, domestic violence, social isolation, physical or mental illness or disability.

Of course, criminal cases, such as child sexual abuse, would always need a criminal justice response, but the idea of community-based child-safe houses would be to provide a halfway space between being left alone or removing children.  Thankfully, most parents do want the best for their children, even when they don’t have the resources or ability or capacity to safely meet their needs. By working in relationship with families, the acute services and child removal would be limited to those criminal cases of serious deliberate abuse, such as child sexual abuse.

Seeking criminal justice

Sadly, the criminal justice system is poorly equipped to prosecute child sexual abuse involving young children.  Children aged under seven are not recognised by courts as credible witnesses, nor are they equipped to withstand aggressive cross-examination by defence barristers.  The result is that child sexual abuse cases involving young children are not prosecuted unless there is other evidence, such as other witnesses or forensic evidence such as bodily fluids or digital images.

Perpetrators are expert at grooming their victims and their protectors to gain access to the victim.  They are often seen by others as being really good with children.  They also know how to silence their victims using threats, lies and tricks.  They take care to offend in secret.  The result is that most child sex offences are never reported at the time. Those which are reported often do not proceed to charges or prosecution.  Those which are prosecuted are often acquitted. Those which result in convictions rarely attract a custodial sentence which reflects the harm to the victim.

The court system needs reform to respond appropriately to child sex abuse.

A specialist child sex abuse court would have all staff educated in child development, child trauma, offender behaviour and child abuse dynamics. Child victims would provide recorded interviews to trained child interviewers, and defence lawyers would be able to access the recorded interview and cross-examine victims through a subsequent interview with a trained child interviewer.  This process should be time-limited so the child victim can provide their information and be discharged from the court system to recover, while the adults get on with the business of criminal prosecution using the recorded materials and other evidence.

Currently, child victims who are involved in criminal proceedings may have to wait more than a year for a trial, with no access to therapy in case their evidence is contaminated.  They have to re-live what happened to them in front of their offender in a room full of strangers and face aggressive questioning by defence barristers.

Many victims report that the criminal process was at least as traumatic as the original offending.

Child sex abuse isn’t going away. We need to get a lot better at detecting offenders, protecting children, and making sure that offenders are criminally convicted and serve time in prison to reduce harm to the community and to reflect the harm to their victims.

Dr Elspeth McInnes AM is a sociologist and senior lecturer in the School of Education at the University of South Australia, with expertise in child abuse response and prevention.