If a child has been raped or otherwise sexually assaulted, the criminal law can be used to lay a charge against the person who assaulted the child. During the criminal trial it is sometimes difficult to prove ‘beyond a reasonable doubt’ that a child was sexually abused in order to convict the accused. If it is clear that the child needs protection, the case goes to a Children’s Court enquiry to decide the best way of protecting the child. But the Children’s Court may not try or convict a person in respect of a criminal charge and thus cannot prosecute the child abuser.

(See: Rape, Incest and Indecent Assault)

(See: Problem 1: Reporting rape or assault and going to court)

If the person who sexually abused the child, lives or recently lived with the child, is a member of the child’s family by blood or adoption, or is or was a partner/spouse of the child’s parent, you can use the Domestic Violence Act to protect the child.

(See: Problem 8: getting a Protection order)