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Abstract

This dissertation investigates the unprecedented rise in non-recent child sexual abuse allegations in England and Wales, with the aim of determining whether it is time to introduce a Statute of Limitations to prevent stale prosecutions. Using relevant secondary data from the UK and further afield, this study explores the reasons for the rise in non-recent child sexual abuse allegations, why victims delay in reporting, and how this may affect a suspect’s ability to adequately defend themselves. It is argued that defendants who are accused of decades old offences are unable to have a fair trial due to the decay of evidence and that such old claims have the potential to create miscarriages of justice; the enactment of a Statute of Limitations in relation to chid sexual abuse, would protect suspects rights and prevent innocent defendants from being convicted. It was found that to rectify past failures to acknowledge or address child sexual abuse, the criminal justice system developed an institutionalised ‘accusation is proof’ culture in relation to allegations of non-recent child sexual abuse that resulted in partisan investigations which led to the conviction of some innocent suspects. Additionally, despite a ‘believe the victim’ culture, misconceptions regarding the complexity of child sexual abuse and victims’ responses, still prevails within the criminal justice system. Research regarding the financial cost of police investigations and appeals against wrongful convictions was difficult as data is not aggregated specifically in relation to non-recent child sexual abuse; making it impossible to accurately determine the figure spent addressing the problem, or the number of wrongly convicted suspects. Further research is needed to identify the scale of wrongful convictions.

Course: Crime and Criminology - BSc (Hons) - C2113P

Date Deposited: 2020-11-23

URI/permalink: https://library.port.ac.uk/dissert/dis13609.html