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Historical studies of prosecution and punishment patterns for the sexual maltreatment of children are rare. Australian criminal justice histories like those elsewhere remain underdeveloped despite attention to specific areas of inquiry... more
Historical studies of prosecution and punishment patterns for the sexual maltreatment of children are rare. Australian criminal justice histories like those elsewhere remain underdeveloped despite attention to specific areas of inquiry such as gender, which bear on the subject of child victims. Serious problems of access to public archives, where materials involving children are invariably closed or otherwise strictly controlled, frustrate scholarly efforts to assess the scope and detail of the law’s response. These factors are exacerbated for institutions that had charge of children – researchers have had to wait for public inquiries such as the current Royal Commission into Institutional Child Sexual Abuse to open organisational policies and practices to greater scrutiny. This chapter reconsiders the popular assumption that mechanisms of prosecution and punishment for sexual offences against children are a very recent historical phenomena. While recognising that responses to the maltreatment of children are not always located in the court room, we argue that the historical volume of criminal justice responses constitute a significant index of social attitudes towards children. In that context, we review briefly some of the historical conditions for recognition of child sexual assault, the policing and justice responses that follow from its recognition, and conclude by considering associated problems of silence and invisibility.
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