1. Victim Support Service needs of children who are victims of crime Professor S. Caroline Taylor AM caroline.taylor@childrenofphoenix.org November 2015 Copyright Prof. S. Caroline Taylor. Not to be copied from. 1

2. Children occupy positions of lower status as citizens of equal worth Cannot access law as adults can Lack agency and individual power Are most often reliant on adult-centred and adult- directed interpretations and understanding of trauma inflicted on them As such they are reliant on adults to protect them from harm and to provide a safe and nurturing environment Are subject to the myths and social limitations an adult society forces upon them Children as Vulnerable Citizens

3. Delayed disclosure by children about their victimisation remains a key element impeding police and criminal justice responses. It prevents early detection of the crime; inhibits identification of victims; apprehension and prosecution of offenders. Exacerbates trauma and compromises recovery of the abuse. 3

4. Silence and Invisibility Emotional pain has a rightful passage of exit, of expression. For so many children and adolescents this rightful passage is often denied, blocked, silenced, convoluted because an inability to disclose or a delay in disclosure prevents effective therapeutic and criminal justice interventions…. Hence, trauma is compounded and made more complex; recovery and healing are compromised. And finally, if therapeutic and social interventions area inadequate….we exacerbate the original injury… Copyright Prof. S. Caroline Taylor. Not to be copied from.

5. Sen and the Idea of Justice Amartya Sen and concepts of ‘capacity’ and ‘capability’ as heuristic tools to quantify and measure justice Capacity understood as the ability and free choice of a victimised person to both disclose criminal harm and to be protected in society from harm and to have their bodily and emotional integrity restored Capability embodies the totality of the criminal justice system and other services to respond fully and coherently to the victim in a way that protects, redressed and restores These principles align with a deep sense of human rights; recognise vulnerability and operate on accountability to ensure holistic justice 5

6. VICTIM? I understand how the term ‘victim’ conjures up negative connotations and meanings because it is seen as a label. However the problem is not with the word but how it is ascribed. From the years of work I have done in this field and the public knowledge about my own background I would describe a ‘victim’ as a person who experiences a negative impact as a consequence of the behaviour/actions of another person. To be a ‘victim’ is not a static identity and does not define us. The experience of being a ‘victim’ does mobilise some people to use that experience to change laws and process and educate others. 6

7. “The victim who is able to articulate the situation of the victim has ceased to be a victim – he or she has become a threat.” - James Baldwin Importantly, victim activists are ones who drove paradigm shift The political impact of the voices of victims of child sexual abuse should not be under- estimated for many have also been highly organized activists and/or supported by activists who have created substantial and important social change. 7

8. Criminal Justice System Some good legislation but it has failed to filter down into practice A seismic cultural shift is required in our adversarial system in order to benefit children Secondary victimisation as a consequence of contact with the legal system remains an issue of concern UK model of independent advocates South Africa Model of court intermediaries for children and adolescents and ‘liaison’ advocates that sit across entire legal and therapeutic processes 8

9. TRAUMA IMPACTS Fracturing of sense of identity and personhood that is at vulnerable stages in development Childhood victims reflect on inability to feel safe/secure; loss of ability to trust; to believe in self; self esteem child abuse is directly linked to social determinants of health and well-being across lifespan; and access to social resources such as education and lifestyle choice. It is abundantly clear that a holistic sense of social justice must be applied that restores the entire essence of the person – not just selective parts. 9

10. Unattended trauma Propensity to delay disclosure or not disclose at all Lifelong health burden Trauma exacerbated by lack of meaningful intervention and recognition of harm Felitti study ACE (adverse childhood events) including all forms of child abuse and neglect; witnessing domestic violence; 10

11. TRAUMA IMPACTS Fiscal costs measured in the hundreds of millions Social costs to victim and community incalculable Burden of ill health across the life span Blunting of a child’s right to dream; have aspirations and goals…. Social death 11

12. SERVICE ACCESS AND DELIVERY Impact of funding guidelines and policies Structure and target of service Service ‘lottery’ with regards to funding streams and service location Organisational culture and service principles (lack of sharing appropriate information; cross service/sector collaboration to benefit children and their families) Primary and secondary victims Funding programs – short term duration; dependent upon government of the day; 12

13. Fallings through the cracks and gaps Parents and other care givers exhausting and frustrating efforts to ‘find’ appropriate services and gain access; Type of crime and impact Assessment and access issues (duration; what of multiple victims from a family with different sibling ages etc) Primary and secondary victims Segmented service delivery eg. police; court based services; therapeutic; welfare; 13

14. Access to recovery Children are affected by what is done to them but they are not determined by it. I push this message to children and adults affected by abuse because it is important. And yet the variable funding and often short term support services offered to children and women sadly lend themselves to creating disadvantage so that they are determined by what violence does to them. This must be turned around. 14

15. Interventions at the wrong end Platform and campaign approach that are reliant on generating good will or reactive policies Interventions are of shorter duration (melways map approach); seek a ‘threshold’ then often depart/close case; older children left to fend for themselves; service delivery disjointed and lacking coherence ‘big picture’ view PhD research on life trajectory outcomes for adolescents with a history of early contact with child protection and other welfare services 15

16. continued When we understand that child abuse is directly linked to social determinates of health and well-being and access to social resources such as education and housing it becomes abundantly clear that a holistic sense of social justice must be applied that restores the entire essence of personhood – not just selective parts. 16

17. Interventions at the wrong end Platform and campaign approach that are reliant on generating good will or reactive policies Interventions are of shorter duration (melways map approach); seek a ‘threshold’ then often depart/close case; older children left to fend for themselves; service delivery disjointed and lacking coherence ‘big picture’ view PhD research on life trajectory outcomes for adolescents with a history of early contact with child protection and other welfare services 17

18. TAYLOR AND JOINED UP MODEL Early investment is prevention of longer term health issues; prevention of greater social disadvantage. Early investment empowers the person; grows resilience; gives dignity and allows them greater opportunities to remain connected to networks through education, recreation, community and family. It provides greater hope for children and adolescents to recover and rebuild. 18

19. TAYLOR AND A JOINED UP MODEL National educational passport providing free access to primary; secondary; vocational and tertiary education in recognition of the rate at which education is compromised or lost and its impact on health; recovery; lifestyle choice; recovery of ‘next’ generation. Children and adolescents provided access to a mentor or advocate to support their educational goals and ensure access; support and ensure access to step in and out of counselling and other supports as needed an unimpeded. (0-21) 19

20. services Required to be accountable and to provide ‘measures’ of service outcomes not just outputs. Robust methods of evaluating how interventions are integrated into lives of children. Annual scorecard of performance that improves the lives of vulnerable children. Not adding a burden but creating clarity and advancement through transparent, measurable outcomes. Funding dependent on that. This could likely influence collaboration and enable a clearer and more robust joining of the dots, so to speak. 20

21. continued This is a critical area that must be embedded and working from the start of the process – not offered in piece meal on the basis of what government funding is made available or what programs get funded and others cut. What we have currently are rights and freedoms within a framework of dependent variables rather than a human rights framework that operates consistently and across the spectrum in the first instance. 21

22. continued Every government and NGO organisation working with child victims should demonstrate benchmark competencies in ensuring that their service programs and outcomes deliver measurable, social justice outcomes for clients. This includes police and even the courts. The need to demonstrate how their responses upheld human rights, restored the child and was effective and the evidence-based measurements that demonstrate this. 22

23. Appoint: tigers with teeth Every state and territory to have a children and young persons ‘Advocate’ not commissioner but an Advocate with state appointed advocate officers in the field who work directly with child victims and non offending family members (as in UK and TTC model in SA). Advocates ensure criminal justice process (progress of case) and associated services are accountable and adhere to procedures to ensure best practice and transparency. Advocates are able to ‘report’ poor practice or gaps in service directly to AG Office; Office of Child Commissioner. Advocate to gain understanding of needs of child and non offending family members and to develop an intervention plan with all services including welfare, therapy, education (even housing and local government etc where needed) and to liaise with same and ensure unimpeded and seamless support and interventions that restore and rebuild the lives of children and young people. 23