The ‘Betrayal of Trust’ Laws Concerning Child Sexual Abuse
In 2014 the Victorian Parliament passed new laws designed to protect children from sexual abuse, known as the ‘Betrayal of Trust’ suite of laws. These laws are now in effect and have bi-partisan support in the Parliament.
Subsequently, many states have followed. We have included links to the relevant pages:
Failure to Protect:
The offence will apply where there is a substantial risk that a child under the age of 16 under the care, supervision or authority of a relevant organisation will become a victim of a sexual offence committed by an adult associated with that organisation. A person in a position of authority in the organisation will commit the offence if they know of the risk of abuse and have the power or responsibility to reduce or remove the risk, but negligently fail to do so.
A relevant child is a child who is, or may come, under the care, supervision or authority of a relevant organisation. The child does not need to be identified. This means that the risk is not that a particular child will become the victim of sexual abuse. Instead, the substantial risk could be posed to any child who is, or who may be in the future, under the organisation’s care, supervision or authority.
The maximum penalty for failing to protect a child is five years’ imprisonment for each individual who failed to protect children in the organisation from a known substantial risk to their safety from sexual abuse in the organisation.
Failure to Disclose:
Any adult who forms a reasonable belief that a sexual offence has been committed by an adult against a child under 16 has an obligation to report that information to the Police or DHS Child Protection. Failure to disclose the information to the relevant authorities is a criminal offence.
The maximum penalty for failing to disclose child sexual abuse is three years’ imprisonment.
This law has in effect made every person aged over 18 years in Victoria, New South Wales and Queensland a mandatory reporter of child sexual abuse.
The ‘Grooming’ offence
Grooming offences and related legislation is not uniform in Australia States. Victoria has the broadest definition.
The offence of grooming concerns predatory conduct undertaken to prepare a child for sexual activity at a later time. It includes establishing a ‘special’ friendship with the child. Grooming can include the conditioning of parents, other adults and church leaders to consider the relationship with the child ‘normal’.
Indicators of grooming behaviour include an adult doing such things as
- giving extra praise or attention to a child
- making a child feel special through gifts and treats, even of small or negligible monetary value
- sending text, voice, email or online messages (for example through social media) to a child on a regular basis
- asking the child for personal information
- spending time alone with a child
- talking about sex and sexuality with a child
- sharing secrets with a child
Grooming is now a crime in most states punishable by a jail sentence. The offence can be committed by a person aged 18 years or over. The maximum penalty for grooming is ten years’ imprisonment.
Any organisation which works with children is affected by these laws – this includes churches and religious organisations. People in governance roles and senior staff of these organisations need to be aware of their obligations in relation to these offences. The pastors or religious clergy, ministry leaders and ministry volunteers in churches and other ministry organisations will also be affected.
These offences apply to all adults and therefore all CRCA staff and volunteers need to be aware of this offence. Failure to meet the standards could result in criminal conviction.