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These guidelines are deed to set out the approach that prosecutors should take when dealing with child sexual abuse cases. The guidelines are intended to be inclusive and should be applied to cases where a sexual offence has been committed against or young person, unless there are good reasons why not in a particular case and these reasons are noted clearly by the prosecutor. The guidelines also include cases of adult survivors of sexual abuse in childhood.
The guidelines should be read in conjunction with other relevant guidance.
In large or complex child sexual abuse cases there should be early consultation between the police and the CPS. The CPS should be consulted on and informed of the investigation strategy so that early advice can be provided to the police if necessary. The decision to involve the CPS at an early stage is a matter for the police but experience has shown that early CPS involvement can help address some of the evidential or presentational issues that may arise at a later stage of a case.
It is important that the police and CPS work closely together and, in more complex cases, t case review meetings should take place periodically so that progress can be checked and advice on case matters can be given. The frequency and timing of the meetings will be dictated by the size and scale of the investigation and prosecution. However, it is important that these take place so that a strong prosecution case can be built.
The RASSO Unit is a specialist prosecutor unit which provides a central point of expertise in the CPS Area and conducts the prosecution of all rape and serious sexual offences adult rape game locally, including child sexual abuse cases. Child sexual abuse covers a range of offending behaviour and types of offenders which is defined in more detail in Annex A. Prosecutors should therefore have regard to the context and circumstances in which the offending is alleged to have taken place, as this will determine how the evidential case should be built and what are relevant lines of enquiry.
There is no one model of child sexual abuse. Sexual abuse of children and young people can be perpetrated by family members, family friends, girlfriends and boyfriends, gangs, adult rape game on peer', strangers, adults via the internet and people in positions of trust such as teachers or carers. Institutional sexual abuse may occur in any care, health, religious, or academic setting and may be carried out by an individual or group of individuals. Children who are very young or with special needs may be particularly vulnerable to abuse.
Online grooming and abuse can take place through chat rooms and social networking sites and gaming devices which have the ability to connect to the internet. Offenders may target hundreds of children at a time and once initial contact with is made this can escalate into threats and intimidation. The online abuse can be an end in itself without any contact offences taking place, but in other cases contact offences can occur.
Coercion and manipulation often feature in abusive situations so that the perception of what is happening is sometimes difficult for the child or young person to understand. Offenders may groom not only the child or young person but also their family which can mean that the parent or guardian trusts the offender as a friend of the family or potential boyfriend.
Conversely, an offender might make threats to the child or young person or members of their family in order to keep them in an abusive situation. Child sexual abuse comes in a of different forms. Sexual abuse by coordinated networks is a form of child sexual abuse that has adult rape game more prominent recently and is referred to as child sexual exploitation which is defined in more detail in Annex A.
These networks may be informal clusters of people linked through a set of victims or 'friendship' groups or they can be more organised criminal groups or gangs. Children and young people may be groomed into 'party' lifestyles where they go to houses, flats, hotels and bed and breakfast accommodation with numerous men and other child victims.
Sometimes a single relationship may be formed, but in some cases, there is no single relationship and instead a general network exists. The 'parties' are usually organised by adults with young people sometimes being coerced into bringing friends along. Offenders may avoid suspicion by taking victims to be abused only for a short time, or during school hours or returning them home before anyone considers them to be missing or absent. The fact that a victim of abuse is maintaining a seemingly normal routine does not mean that they cannot have been the victim of sexual abuse.
Prosecutors should also be aware that offenders may use various control elements as a tool to stop a victim reporting the sexual abuse. The exertion of control could sometimes be through adult rape game offender implicating the victim in other criminal activity e.
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Another example of the offender exerting control over the victim, which might be particularly relevant to some Black, Asian and Minority Ethnic BAME communities, is that the offender may claim the victim has brought shame on their family and use this as a means of controlling them. In this regard, prosecutors should be aware of the additional cultural barriers that some BAME victims might face in coming forward and reporting abuse, as there may be pressure on the victim about what damage such allegations might do to the standing or 'honour' of their family.
Victims and witnesses should be made aware from the outset of the investigation exactly what is expected of them, particularly in terms of attending court and giving evidence, and they should be offered support to help them in the process.
Support for victims and witnesses can be provided in a of ways before, during, and after criminal proceedings.
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It is important that the need for support is identified early and kept under close review during the progress of the case. Prosecutors should proactively raise this matter in case discussions with the police and other relevant agencies so that victims and witnesses are given the best possible support. Where appropriate, parents and guardians should also be made aware from the outset what is expected and the support that can be offered. It would be inappropriate if a parent or guardian was at the centre of the allegations.
It is also important to recognise that since many of the victims and witnesses will be children or young people, the support adult rape game before, during and after trial in court should be explained to them in age appropriate terms or developmentally appropriate terms so that they understand what is being discussed and, where possible and appropriate, the parents or guardians are involved and the support available is also discussed with them. It should be noted that this support is distinct and separate from counselling which is dealt with in the section on Counselling and Therapy below. Some police forces may appoint Family Liaison Officers or officers with a similar role to support victims of child sexual abuse.
Further information about the support available to victims and witnesses can be found in the Victims and Witnesses, CPS Commitments to support Legal Guidance. Children and young people who have been the subject of sexual abuse are likely to require a very high level of support. The police will be responsible primarily for facilitating this, although they will not be responsible for delivering emotional or psychological support.
Achieving Best Evidence in Criminal Proceedings - Guidance on interviewing victims and witnessesand guidance on using special measures ABE provides guidelines for pre-trial preparation of young victims and witnesses and should be followed closely. The guidance provides assistance for those responsible for conducting video-recorded interviews with vulnerable and intimidated witnesses as well as those tasked with preparing and supporting witnesses during the criminal justice process. The prosecutor has an important part to play in ensuring that the requisite support is provided and should be asking questions about this from the outset of their involvement in the case.
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Specialised support is provided by a range of organisations and such support is likely to be essential in ensuring that the child or young person and where appropriate, their adult rape game or guardian maintains their engagement with the criminal justice process. Support can be provided by a wide range of agencies both local and national, e. ISVAs support victims of rape and sexual violence, including victims of child sexual abuse.
They are victim-focused advocates who work with people who have experienced sexual violence, helping them to access the support services that they may need. They are independent from the police and are distinct from therapists, counsellors and Registered Intermediaries. The support provided by an ISVA will vary from case to case, depending on the requirements of the victim and their particular circumstances. However, the main role of an ISVA includes making sure that victims of sexual abuse have the best possible practical advice on:.
Prosecutors should know whether ISVAs operate in their area and whether they specifically provide support to victims of child sexual abuse. Wherever possible, practical arrangements should be made to address the concern, e. This discussion should take place more than once as the victim or witness may change their mind, or have new concerns, the nearer it gets to the date of the trial.
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With the approval of the court, a victim or witness can have a supporter present when being cross examined in a live link room for the purposes of providing emotional support to reduce anxiety and distress and improve the accuracy of their recall.
The Youth Justice and Criminal Evidence Actas amended by the Coroners and Justice Actprovides that, when making a live links direction and after taking into the views of the witness, the court may adult rape game direct that a person specified by the court can accompany the person when giving evidence by live link.
There are also a of smaller local support services who can also provide effective support and should be considered. Where the trial is taking place in a court some distance away from where the victim or witness usually reside, active consideration should be given as to whether the victim or witness in these circumstances can give evidence by live link from a location nearer to their home.
The role of the supporter in the live link room is to provide emotional support and they must have received appropriate training. Victim Support and other support organisations locally may provide this service. The supporter should have a relationship of trust with the witness, should not be a party to, or a witness in, the case and must only have basic information about the case.
There may also still be risks to the victim that need to be reduced and managed by the police and other agencies including social services; the victim may still be at risk of further exploitation by others. The Code of Practice for Victims of Crime - the Victim's CodeCod Ymarfer i Ddioddefwyr Troseddau - Hydref the Code sets out the minimum standard of service and aims to ensure that victims of crime are provided with timely, accurate information about their case at all adult rape game of the criminal justice process. Prosecutors should be aware of these minimum obligations.
The nature and sensitivity of child sexual abuse cases will inevitably mean that prosecutors and the police should go beyond the minimum requirements of the Victims' Code where appropriate to do so, and this should be agreed, recorded and actioned by the prosecutor and the police in the case.
The guidance Provision of Therapy for Child Witnesses Prior to a Criminal Trial is clear that the best interests of the victim or witness are the paramount consideration in decisions about therapy.
There is no bar to a victim seeking pre-trial therapy or counselling and neither the police nor the CPS should prevent therapy from taking place prior to a trial. Prosecutors should be familiar with the content of the guidance on pre-trial therapy so that they can advise police and witnesses on the correct approach.
Providers of counselling or therapy should ensure that records are kept and that the child or young person and if relevant, parents or guardian is advised at the start of the process that there may be a requirement to disclose the fact that counselling has taken place, particularly if detail of the alleged offending is raised.
Experience over a of years has shown that properly conducted and recorded counselling or therapy has not caused problems with the criminal trial process. Where the therapist or counsellor is known to the investigation, they should be briefed at an early adult rape game to inform them about the court process and their disclosure obligations. Prosecutors have a duty to disclose the fact that a victim has undergone therapy or counselling and to disclose any other matter which is determined by the usual tests as to whether it is relevant to an issue in the case.
This is part of the continuing duty on the CPS to disclose. The current guidance on pre-trial therapy is in the process of being updated, following a consultation process with stakeholders. In advance of publication of the revised guidance, prosecutors are reminded of the key principles to be applied when a victim of crime has had or is having therapy. Particular care should be given when deciding how to take the victim's statement. A visual recorded interview and subsequent use of the live link in court is often the most appropriate means but may not always be so.
For example, if the abuse of the victim has been filmed and the victim does not want to be videoed as a consequence.