The position of inequality between offender and victim and the lifelong effect on a victim makes sexual crimes against children particularly serious. As such the maximum penalties for these offences can be quite high. For example, the maximum penalty for the offence of Sexual abuse of a child, is imprisonment for life [Criminal Law Consolidation Act 1935 (SA) s 50].

Complaints of sexual interference from children, particularly young children, involve difficulties in investigation and prosecution. Children often have trouble explaining what has happened either because of their lack of understanding or simply because of limited vocabulary and may also have problems with the exact dates that acts occurred.

While a child gives evidence in a child sexual abuse matter, all non-essential persons must be ordered to leave the court [Evidence Act 1929 (SA) s 69(1a)]. However, the child will be allowed to have support person in court with them [Evidence Act 1929 (SA) s 12]. When evidence of child exploitation material is to be adduced in proceedings, similar provisions apply [s 69(1b)].

The evidence of a child, witness or alleged victim (regardless of their age at the time of the trial) may also be heard at a pre-trial special hearing under the procedure outlined in s 12AB of the Evidence Act (SA). There are also additional protections that can be put in place to protect a vulnerable witness when giving evidence in criminal proceedings [Evidence Act 1929 (SA) s 13A]. For more information see Evidence of vulnerable witnesses.

Where a person has specialised knowledge, based on the person’s training, study or experience, of child development and child behaviour then evidence of that person’s opinion based on that specialised knowledge is admissible in proceedings relating to the asexual abuse of a child [s 29C]. This is despite any other provision of the Evidence Act 1929 (SA) or any other law. See also Evidence, Opinion.

Sexual offences are covered under the Criminal Law Consolidation Act 1935 (SA). Some of the specific provisions relating to children, young people and vulnerable adults are explained in this section. Children, young people and vulnerable adults may also be the victims of the common and other sexual offences covered in the general sexual offences section of this Handbook, see Sexual Offences.