Childhood is supposed to be a carefree time of learning and development, but experts in Victoria say that there has been an explosion in the number of minors committing sexual offences against other children.
Children as young as four have been referred to sexual treatment programs, with specialists saying that there has been a massive increase in the number of young children exhibiting sexually suggestive behaviours – and in some cases even abusing a sibling.
The facilitators of these programs say that easy access to pornography at home is partly to blame for these behaviours, along with exposure to family violence.
While there are many studies disputing the link between pornography and child sex offences, experts say that more children with no history of abuse are exhibiting explicit behaviours, which they suggest indicates a link between being exposed to online pornography and engaging in such conduct.
The seriousness of acts committed by children has also increased, with more and more children engaging in penetrative acts.
Treatment Services Overwhelmed
Treatment services in Victoria have been inundated by a spike in children that require intervention to address sexually explicit behaviour.
The Royal Children’s Hospital has witnessed a doubling in cases over the past year alone, while referrals to the Australian Childhood Foundation’s treatment program have skyrocketed from 10 in the year 2000 to 250 cases last year. Most of the children involved were boys.
Many who undergo treatment are in the early years of adolescence, most aged between 11 and 14. But children under the age of 10 who exhibit ‘severe’ abusive behaviours are also being treated.
Treatment centres says that they have seen a significant increase in the number of young patients since broadband internet became popular in 2006. They believe that pornography has become a ‘teaching manual’ for sexual behaviour, with more children moving on to penetrative acts sooner. They say that children previously took more time to ‘build up’ to penetrative acts.
Easy access to mobile phones and other technology has also exacerbated the problem, with more children engaging in ‘sexting’ and other sexually explicit interactions using messages and social media.
Is Porn Really the Problem?
While experts suggest that exposure to pornography is partly to blame for the increase in child sexual abuse, other factors such exposure to family violence and abuse appear to be the greatest contributors.
In particular, children aged between five and nine were often said to have exhibited symptoms of prior sexual abuse. Witnessing or experiencing family violence found to be a factor in over 90% of these cases.
Experts suggest that children in these situations were vulnerable and did not understand the dynamics of healthy relationships or how to interact with others.
These children were also more likely to have been neglected by their parents emotionally, and accordingly ‘this behaviour is the only way they understand human connection.’
Can Children Be Charged With an Offence?
In New South Wales and other Australian jurisdictions, children under the age of 10 cannot be charged with a criminal offence.
For children aged between 10 and 14, the situation is a little more complicated. The law presumes that children in this age bracket are incapable of forming criminal intent as they do not yet understand the difference between right and wrong.
In the legal world, this principle is known as the common law presumption of doli incapax.
But it is a ‘rebuttable’ presumption, and a child can be charged if the prosecution is able to prove that they ‘understood that the act or omission was wrong according to the ordinary standards of reasonable people.’
It can be difficult for the prosecution to overcome this presumption, because it must be shown that the child understood that their conduct was ‘seriously wrong and liable to punishment by a court,’ not merely that the child knew that they were being naughty.
However, the ease at which the presumption is overcome increases with the child’s age, and courts can look at other factors such as the child’s home background, their past criminal record, and the normal levels of understanding at that age in determining whether a child should be convicted of a criminal offence.
Children aged 14 and over are deemed to be criminally responsible for their actions, however they will be dealt with in a special Children’s Court and will not be subject to the same sentencing regime that applies to adults.
What Can Be Done?
While children who allegedly commit sexual offences may end up before a court depending on their age, Victoria has adopted a therapeutic approach to the problem.
Since 2007, the state has allowed members of the public or police who hold concerns for a child’s sexual behaviour to anonymously report the matter to Child Protection. The agency can then assess the child and direct them to seek therapeutic treatment, which involves activities emphasising healthy relationships, counselling, play therapy and so on. If the child’s parents or guardians are unable to access treatment, Child Protection can request a therapeutic treatment order from the Children’s Court. Such an order will require the child’s parents to take the child to treatment. In some cases, a child may be ordered to live away from home to undergo treatment.
Treatment programs are intended to nip sexually explicit behaviour in the bud before it escalates further. According to treatment centres, 90-95% of participants who complete the program do not reoffend.
Experts working with children in these situations also say that parents can take steps to prevent their children from exposure to sexually explicit material by monitoring their online activities and blocking offensive websites.
