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2.2.10 Sexual Abuse

Last Modified: 19-Feb-2024 Review Date: 03-Jan-2017

‭(Hidden)‬ Legislation

Overview

child sexual abuse involves any act that exposes or subjects a child to sexual acts that are exploitative and/or inappropriate to their age and development level. Examples of this include sexual penetration, inappropriate touching, exposure to sexual acts or pornographic materials and using the internet for grooming and soliciting children for sexual exploitation.

Under s.124A of the Children and Communities Services Act 2004 (the Act), sexual activity between young people is not considered as sexual abuse unless:

  • the child is the subject of bribery, coercion, threats, exploitation or violence
  • the child has less power than the other person, or
  • there is significant disparity in the developmental function or maturity. 

A child or young person being able to consent according to the Gillick principal, in some circumstances such as health care provision, is not relevant to their ability under the law to consent to abusive or harmful sexual contact.

Gillick competency is not relevant to any sexual abuse assessment. 

Note: CEO refers to the Chief Executive Officer of the Department of Communities (the Department).

Rules
 
  • All allegations of child sexual abuse reported to the local district office must be referred to Western Australia Police Force (WA Police Force) and discussed via a strategy meeting. You, your Team Leader, and relevant police representatives are required to attend the strategy meeting either in-person, via telephone or video conferencing. 

  • From 1 November 2023 Department of Communities employees are mandatory reporters of child sexual abuse under the Children and Community Services Act 2004 (the Act).  If in the course of your work, paid or unpaid, you form a belief, on reasonable grounds, a child has been the subject of sexual abuse then a mandatory report must be made via the Mandatory Reporting Service.

  • If it is determined that a joint investigation is not required, you must continue with the assessment and determine if a CSI is warranted.  

  • You must seek parental consent for a medical or forensic examination of the child, if one is required and in the best interests of the child.

  • If the child needs to be medically examined without the consent of the parents, you must take statutory action to bring the child into provisional protection and care. Refer to Chapter 3.3 Intervention action for further information.

  • In cases of an assault where the child may have injuries or require treatment and there may be forensic evidence present, you must take the child to the local hospital as soon as possible for an immediate assessment of the child's health needs.

  • The Perth Children's Hospital Child Protection Unit requires parental consent to conduct  physical examinations, and this should be sought at the clinic. If the child is in the CEO's care, you must seek approval from the District Director and record this on file.

  • You must consider the safety of siblings and other children who may be in contact, reside or regularly stay with the person the Department is concerned about.

  • To assess the child's safety needs you must consider:

    • whether there is immediate threat of harm to child
    • whether the child is vulnerable to further harm, and
    • the extent of protective capacities within the family and safety network to reduce and respond to harm.
  • You must develop an effective and rigorous safety plan with the family to keep the children safe from further harm. The safety plan must be reviewed on a regular basis.

  • If the child is Aboriginal you must consult with the Aboriginal Practice Leader. 

  • If the family has a culturally and linguistically diverse (CaLD) background consider consulting with the Cultural Diversity Team, Specialist Child Protection Unit. 

  • You must inform one of the child's parents as soon as practicable that you have interviewed or spoken with the child and the reasons why, including why consent was not sought. 

  • If the parents refuse consent for you to interview their child and you believe the child is at significant risk, you must apply for a s.34 warrant (access) to interview the child. Refer to the section 'Warrant (access) under s.34' in Chapter 2.2 Conducting a child safety investigation for further information.

  • A child assessment interview is not required if the child has made a disclosure. When this occurs the child must only be a forensically interviewed, which is undertaken by WA Police Force.

  • After an interview, the parent or caregiver must be:

    • given sufficient information to keep the child safe
    • be informed of the next steps in the investigation
    • have their questions or concerns addressed, and
    • be provided with relevant contact information.

If you substantiate that a child has been harmed, you must decide on whether a person is responsible for the harm. A decision to substantiate harm is not dependent on the identification of a person assessed as causing Actual Harm and Continuing Risk (AHCR).   

Information and Instructions

  • Definitions
  • Grooming and coercion
  • Referrals
  • Medical and forensic examinations
  • Interviewing
  • Assessments
  • Sexual abuse of at-risk young people
  • Information and services for the child and family
  • Definitions

    Child sexual abuse can be broadly categorised as 'intra-familial' or 'extra-familial'. 

    'Intra-familial' child sexual abuse is perpetrated by a person who is a family member of the child or has a kinship relationship with the child. This applies to any child under 18 years of age.  

    The term "family member" in relation to a child is defined in s.3 of the Act  means each of the following people

    a)  for a child who is not an Aboriginal child or Torres Strait Islander child – each of the following relatives of the child (whether the relationship is established by, or traced through, consanguinity, marriage, a de facto relationship, a written law or a natural relationship -

    • parent, grandparent or other ancestor
    • step‑parent
    • sibling
    • uncle or aunt
    • cousin
    • spouse or de facto partner,

    OR

    (b)   for an Aboriginal child or Torres Strait Islander child - each person regarded under the customary law or tradition of the child's community as the equivalent of a person mentioned in paragraph (a)

    If the child is Aboriginal you must consult with the Aboriginal Practice Leader in your district.

    If the child is from a CaLD background consider seeking a cultural diversity consultation with the Specialist Child Protection Unit.  A consultation can be sought via the Cultural Diversity Mailbox: SCPU_Cultural_Diversity@communities.wa.gov.

    'Extra-familial' child sexual abuse is refers to abuse by a person who is not a family member of the child. 

    The Department does not generally investigate allegations of extra-familial child sexual abuse unless there are concerns that the abuse was able to occur due to the neglect of the child.  WA Police Force undertake a single agency response where there are no concerns regarding the care and protection of the child from the parent or caregiver. 
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    Grooming and coercion

    Grooming is the subtle, deliberate transition process of gaining a child's trust, manipulating power differences and building emotional connections for the purpose of sexually abusing them. Perpetrators may also build a relationship with the child's family or caregiver to make them seem trustworthy or authoritative and to discredit the child. 

    Perpetrators set up a relationship with the child that is grounded in secrecy to control, frighten and intimidate, so that their crime is less likely to be suspected or discovered. By breaking down the child's inhibitions and desensitising the child, the perpetrator secures the child's compliance and escalates the intrusiveness of sexual behaviour over time.

    Children and young people can be groomed online, in person or both; by a stranger or someone they know such as a family member, a friend or someone who has targeted them e.g. a teacher or sports coach. A child is unlikely to know they have been groomed even if they might be worried or confused and less likely to speak to an adult. 

    Grooming may include: 

    • showing interest in a child and pretending to share common interests;
    • being complimentary towards the child;
    • making the child feel special and grown-up;
    • enticement, bribes or rewards such as money, gifts, holidays or outings for a child;
    • preferential treatment of one child over others;
    • allowing and encouraging a child to break rules and not disciplining the child;
    • taking the child on holidays, car trips or outings away from their parent or caregivers; and
    • isolating a child from their family, caregivers and friends.

     

    It is important to note that some of these behaviours may be appropriate behaviour between an adult and a child. 

    Behaviours must be assessed within the context of the situation.

    In most cases, coercion and fear is common in child sexual abuse.

    Coercion involves a power imbalance between the alleged abuser and the child which may relate to: 

    • age and developmental level
    • intellectual ability
    • authority/power
    • knowledge
    • experience, and
    • gender.

    Fear may include: 

    • threats of negative consequences or blackmail
    • threats of harm to the child, family members, friends or pets if they don't comply 
    • confusing the child into feeling responsible, and
    • blaming the child.

    The effects of grooming can result in the child having difficulty sleeping, bedwetting, struggling to concentrate or cope with schoolwork. Children may also experience conflicting feelings like loyalty, admiration, love and at the same time, fear, distress and confusion. The child may become withdrawn, anxious, uncommunicative, angry or upset. 

    For further information on grooming, visit the National Society for the Prevention of Cruelty to Children website 'What is Grooming?'

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    Referrals

    Western Australia Police Force

    All allegations of child sexual abuse reported to the local district office must be referred to WA Police Force. A joint approach to child sexual abuse investigations between the Department and the WA Police Force aims to minimise the impact of additional stress on the child during the assessment and investigation process, and minimises the number of times a child is required to retell their experiences.

    There are a number of offences in the Criminal Code that relate to the sexual assault of a child. These offences include:

    • Sexual offences against a child under 13 (s.320)
    • Sexual offences against a child of or over 13 and under 16 (s.321)
    • Persistent sexual conduct with a child under 16 (s.321A)
    • Sexual offences against a child of or over 16 by a person in authority etc. (s.322)
    • Sexual offences by relative and the like (s.329)
    • Sexual servitude (s.331B)
    • Conducting business involving sexual servitude (s.331C), and
    • Deceptive recruiting for commercial sexual services (s.331D(2))

    On 1 November 2023 Department of Communities employees became mandatory reporters of child sexual abuse under the the Act.  If in the course of your work, paid or unpaid, you form a belief, on reasonable grounds, that a child has been or still is the subject of sexual abuse then a mandatory report must be made via the Mandatory Reporting Service.   Refer to 2.2 Mandatory Reports of Child Sexual Abuse for more information.

    The Mandatory Reporting Service must refer written reports and the assessment of the information received to the WA Police Force via the Mandatory Reporting electronic portal, under s.124D(2) of the Act.124D(2) of the Act. 

    The Department and the WA Police Force must convene a joint strategy meeting (face-to-face, via telephone or videoconference) for all allegations of child sexual abuse.

    You and your team leader must attend the joint strategy meeting with WA Police Force. 

    The purpose of a joint strategy meeting is to determine whether:

    • immediate medical attention is required for the child

    • a plan needs to be developed to manage the child's immediate safety needs

    • a joint investigation/assessment (by WA Police Force and the Department) is required, or

    • a single agency response is required, but either the Department or WA Police Force. 

    The joint strategy meeting also considers:

    • whether a medical or forensic examination is required for the child and if required, subsequent timing of the examination

    • how to manage the child's ongoing safety needs during the forensic investigation. This may include safety planning or identifying an alternative care arrangement

    • who needs to be interviewed (for example the child, their parents, other children or siblings, or other persons who may have knowledge relating to the investigation)

    • in what order the interviews will be conducted, where and by whom

    • whether the parents will be informed prior to interviewing the child, and

    • factors surrounding the safety of workers.

    If it s determined that a joint investigation is not required, you must continue the assessment and determine if a CSI is required. Be aware that the decision for a single agency response may need to be reviewed if additional information arises.

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    Medical and forensic examinations

    A medical assessment is necessary to identify physical injuries, secure forensic evidence and to meet the physical heath needs of the child.

    You must seek parental consent for a medical or forensic examination of the child. If this is not safe for the child, consider taking intervention action to ensure the child's immediate physical and psychological care needs are attended to as a priority. 

    Discuss the need for a medical or forensic examination as part of the joint strategy meeting or for a 'Department only assessment' with your Team Leader.

    If a physical examination is conducted, the findings and other relevant information are provided in writing to the Department, WA Police and, if requested and appropriate, to the parent,  and/or their legal adviser. Refer to the resource Medical and forensic examinations for further information.

    For information on how to assess and respond to sexually transmitted infections (STI) notifications, refer to Chapter 2.2 Sexually Transmitted infection notifications.         

    Medical examinations include both physical and psychological examination. An examination may lead to:

    • detection of injury to the child that requires treatment
    • detection of sexually transmitted infection (STIs)
    • confirmation or discounting of pregnancy
    • provision of emergency contraception
    • detection of other conditions not associated with the sexual abuse, and
    • forensic evidence of sexual assault.

    When considering the need for a medical or forensic examination, the following must be taken into account:

    • Purpose - the forensic examination gathers information and evidence for criminal proceedings. The medical examination identifies and meets the medical requirements of the child

    • Appropriateness - particularly in cases of sexual abuse, a physical examination may be distressing to the child or young person. The decision to conduct an examination for forensic purposes must take account of the nature of abuse that has been disclosed and the likelihood that physical evidence will be detected. The need for a physical examination for medical purposes is determined by the nature of any injury and is dependent on consent of the child, particularly for older children and young people.

    • Timing - the timing of a physical examination for forensic purposes needs to take account of the nature of abuse and how recently it occurred.

    It is preferred that the child is examined in the presence of their parent or an accompanying adult.  If the child or young person requests to undergo the examination with a different support person or without another person present, this should be respected.         

    When the child is referred for a medical assessment, you should wherever possible, accompany the child, parent or caregiver to the assessment so the child:
    • does not have to repeat the details of the abuse
    • provide information that the parent, caregiver, or child may not disclose, and
    • to address any safety concerns that may arise during the clinic appointment

    You should explain to the child, the parent or carer, and other relevant people, what a medical examination involves.  The examination for evidence of sexual assault is conducted within the context of a complete physical examination.

    In cases of acute assault where the child may have injuries or require treatment, and there may be forensic evidence present the child must be taken to the local hospital as soon as possible and the child's immediate health needs assessed.

    The hospital will determine who will conduct a forensic examination if needed and can discuss with the Perth Children's Hospital Child Protection Unit (CPU) as required.

    Criteria for an urgent medical examination

    1. The timing of a medical examination needs to take account of the nature of abuse and how recently it occurred. The decision to medically examine a child should be made jointly with CPU during office hours and the Emergency Department after hours where the CPU has a doctor on call.

    2. An urgent physical examination may be required if a child has been sexually assaulted within the past 72 hours as forensic evidence (DNA, blood, hair or semen), may be present in or on the child or his/her clothing and acute injuries, such as lacerations, abrasions, bites and bruising may be evident.

    3. If the event occurred between 72 hours and 14 days, a priority appointment is scheduled. Children may also require treatment in cases of exposure to STIs and adolescents may require emergency contraception.

    4. The CPU will also arrange for physical examinations for children who have been sexually abused in the past where the child,  parent or caregiver is concerned about health issues. The CPU can also provide STI testing and therapeutic services.

    Medical and forensic services in Western Australia

    The CPU and the Sexual Assault Resource Centre (SARC) are the primary services set up in Western Australia to provide forensic examinations of child sexual abuse. The SARC see children 13 years of age and older and the CPU see children up to 16 years of age.

    Children from rural areas are transported to the CPU for a full forensic examination. The SARC also have some rural services.

     

    Guidelines for child sexual abuse specify that preliminary forensic specimens can be taken by any doctor so a child can eat and toilet without forensic evidence being lost. The CPU can then do a full forensic examination or investigation if warranted.

    Making a referral

    1. You should contact the CPU or SARC to discuss scheduling an appointment for the child or young person to be seen by a medical practitioner.

    2. If you are unable to attend, you should provide a written referral before the appointment.

    3. Where possible, parental consent should be provided for examination and documentation, and you should attend the appointment with the child and parent or carer

    4. The CPU requires parental consent to conduct a physical examination and this should be sought at the clinic. If the child is in care of the CEO, then you must seek approval from your District Director.

    5. Refer to Chapter 3.2.8 Medical or dental treatment – including immunisations for further information.

    Transferring children

    Where possible, children should be assessed locally to minimise the impact on the child and family. If this is not possible and the child needs to be seen by the Perth Children's Hospital CPU, you should work with the local health service, CPU, and WA Police Force to transport the child for a medical assessment.

    WA Health will determine if a child is medically fit to be transferred. The local health service can take preliminary specimens from the child and WA Police Force can take photos of any visible injuries that the child may have. 

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    Interviewing

    Interviewing the child

    Wherever possible, parents or guardians should be advised of the allegations made in relation to their child, and you should request the parent's consent to interview their child.

    Under s.33 of the Act, there are limited circumstances where not seeking parental consent to interview the child is permitted, as it would not be in not in the child's best interest. These circumstances include where:

    1. you believe a person may be charged with an offence involving harm to the child and telling the parent may jeopardise an investigation.
    2. seeking consent may directly jeopardise that or another child's safety, or
    3. there are concerns that the parent or another person may place pressure on a child prior to an interview to limit or change the information they would otherwise provide. 

    A belief that a parent is unlikely to provide consent to an interview is not grounds for using s.33 of the Act. If you believe a parent will deny access to a child, or parental consent is sought and refused, s.34(1)(a) of the Act allows an authorised officer to apply to a judge or magistrate for a warrant (access) to the child.

    If a warrant is granted, you can proceed with the CAI as you have authority to speak with the child. 

    An interview conducted without the consent of the parent may occur at a school, hospital, or place where a childcare service is provided. You are permitted to remain there for as long as necessary for the purpose of the investigation.

    To action s.33 of the Act, you must ensure that: [EB1] [AH2] 

    • the decision to interview the child without seeking consent is in the best interest of the child.

    • you document the specific risks that would occur if consent for an interview was sought from the parent.

    • you notify the person in charge of the school, hospital, or place where the childcare service is being provided of your intention to interview the child, and

    • consult with and seek approval from the Team Leader. This approval, and any relevant consultation should be clearly documented on file.

    You must inform at least one of the child's parents as soon as practicable that you have had access to their child and the reasons for it except under the following circumstances:

    • You believe on reasonable grounds that one or both parents may be charged with an offence involving harm to the child and by advising them of the interview you may jeopardise the criminal investigation.

    • You believe on reasonable grounds that by advising a parent of the interview you are exposing the child to harm or a risk of harm, or

    • The child has requested that their parents are not informed, and you believe on reasonable grounds that it is in the child's best interest to comply with this request. 

    If you request permission to undertake an interview with the child and the parents refuse consent, you must consult with your team leader to consider the level of risk to the child and if an application for a warrant (access) under s.34 of the Act to interview the child would be in the child's best interest.

    If parents deny consent to interview a child, you cannot then use s.33 of the Act.  

    Refer to Chapter 2.2 Conducting a child safety investigation for further information.

     

    Child assessment interview

    A child assessment interview may occur:
    1. as a result of a decision not to undertake a joint investigation with WA Police Force, or

    2. in order to determine whether a forensic interview (joint investigation with WA Police Force) is warranted. 

    A child assessment interview is not required if the child has made a disclosure of harm.  In these circumstances the child must only have a forensic interview. 

    For further information regarding child assessment interviews, including guidance on how to respond to a disclosure of sexual abuse, refer to Chapter 2.2 - section Child assessment interview.

     

    Forensic interview 

    The forensic interview of a child must be undertaken by WA Police Force.

    The purpose of the forensic interview is to obtain an accurate and reliable account of the sexual abuse in a way that is unbiased, is in the child's best interest and is acceptable in criminal proceedings.

    Where possible, attend and observe the forensic interview, along with the detective in the recording room. You may also support the child and family during breaks in the interview and be involved in the debriefing/follow up process.

    Your role during a forensic interview is to:

    1. make certain the best interests of the child are the paramount consideration.

    2. assist in identifying where information is missing from the child's account that emerge, and

    3. determine what areas may require further assessment.

    You may also have a role in determining the pace, breaks and whether more than one interview session is required.

    After the interview, the parents or caregiver should be: 

    1. provided with sufficient information to keep the child safe.  
    2. informed of the next steps in the investigation
    3. provided an opportunity to ask any questions or raise concerns, and 
    4. be provided with relevant contact information.

     

    Interviewing the non-abusing parent or caregiver) 

    You should assess whether the non-abusing parent has the capacity and support required to keep the child safe and support healing from trauma. This includes assessing the non-abusing parent's own support needs as understanding that their child has been sexually abused is likely to be distressing for the non-abusing parent.

    To determine the level of safety that the non-abusing parent or caregiver can provide you should consider:

    1. their willingness and/or capacity to protect the child victim, and their view of whether the allegations are factual

    2. the quality of their relationship with the child - such as positive, ambivalent or negative

    3. their level of dependency, particularly on the alleged perpetrator

    4. whether family domestic violence is present – have they been groomed by the perpetrator?

    5. do they believe the child, and

    6. whether they are minimising the concerns.

    Regular reviews of the non-abusing parent's circumstances, abilities or motivation are important as these aspects may change over time. The non-abusing parent is likely to need assistance to seek support and/or counselling during this time.

     

    Interviewing the alleged perpetrator (parent or caregiver) 

    In most instances where a joint investigation is occurring, WA Police Force prefer to interview the alleged perpetrator before the child protection workers make contact. Where there are no concerns for the child's safety, you should negotiate the timing of the interview of the alleged perpetrator with the WA Police Force.  Refer to Chapter 2.2 – section: Working with WA Police.

    Consider the following when interviewing the alleged perpetrator:

    1. Whether they refute or support the allegation

    2. Additional information provided regarding the allegation by the alleged perpetrator

    3. The quality of the relationship with the child victim and other family members (to determine the level of risk to the child's safety)

    4. Parenting management strategies and discipline used by the alleged perpetrator and whether this increases the safety or risks for the child. 

     

    Interview siblings and other children in the household

    As part of the joint investigation and for a 'Department only assessment', you will need to consider whether other children who reside or regularly stay in the house where the abuse is alleged to have occurred are at risk of harm and may also need to be interviewed.  

     

    Gathering relevant information 

    In addition to interviewing the child, alleged perpetrator, non-offender parent/caregiver and any other children you may contact other agencies or individuals for further information concerning the allegation of child sexual abuse.

    To determine whether any additional information should be gathered, you should consider whether information is required:

    1. to support information already gathered

    2. to further assess where risk of harm or abuse is still suspected although initial interviews have not confirmed this, or

    3. to enable a comprehensive assessment of the any action that may be required to promote or safeguard the child's wellbeing. 

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    Assessments

    In both a joint investigation with the WA Police Force and a 'Department only assessment' you are responsible for assessing and managing the child's immediate and ongoing safety needs.

    You must also consider the safety of siblings and other children who may be in contact with, reside or regularly stay with the person we are concerned about. A new assessment is required for any child from the same, or another family group that meets the threshold for a Child Safety Investigation.

    To assess the child's safety needs consider:

    • whether there is immediate threat of harm to child
    • whether the child is vulnerable to further harm, and
    • the extent of protective capacities within family and safety network to lessen/respond to harm.

    Building safety for the child is challenging with families where sexual abuse is alleged to have occurred and the alleged perpetrator disputes or 'denies' the abuse. Refer to Building safety when harm is denied for further information.

    Within the context of child sexual abuse there may be a person who is considered a 'non-abusing' parent or caregiver.  Support and protection by the non-abusing parent plays a crucial role in addressing the impact on the child and in protecting the child from further abuse.

    The decision regarding whether or not the child should be removed from the family home is a professional judgement which should be based on the level of risk to the child if they remain in the family home while the assessment is undertaken.

    You must develop a safety plan with the family that is effective and rigorous to keep the children safe from further harm. The safety plan must be reviewed on a regular basis.

     

    Assessing the impact of sexual abuse on children

    You should recognise that with allegations of child sexual abuse, harm in some cases may not be readily identifiable and confirmation of the act can be considered to constitute substantiation of harm.


    In cases of sexual abuse, emotional and psychological harm are often more likely than physical harm.       

    Effects of child sexual abuse

    The effect of child sexual abuse is different for every child. Some children may have high levels of distress and some may show signs of distress some period after the abuse occurred.

    Child sexual abuse damages children phychologically and emotionally and is most often demonstrated behaviourally. Both its initial effects and long-term consequences impact on the child, on their family and on the community.

    Early identification and effective intervention can ameliorate the initial effects and long-term consequences of child sexual abuse and promote the recovery of victims. 

    Initial effects of child sexual abuse may include: ) 

    • sexualised behaviour
    • post-traumatic distress 
    • medical problems such as sexually transmitted infections, pregnancy, and physical injury
    • varied emotional responses such as guilt, anger, hostility, anxiety, fear, shame withdrawal and lowered self-esteem
    • behavioural problems such as aggression, high risk behaviours, nightmares, phobias, eating and sleeping disorders, and
    • school problems, including school refusal.

     

    Long term consequences may include: ) 

    • sexual difficulties (such as arousal difficulties, avoidance of or phobic reactions to sexual intimacy)
    • harmful or high risk sexual activities, such as unsafe sex and engaging in sex work
    • phyical discomfort during sex or other intimate contact
    • isolation and loneliness
    • relationship problems
    • depression
    • anxiety
    • post-traumatic stress disorder (PTDS)
    • poor self esteem
    • harmful or high risk substance use
    • eating disorders, and
    • self-harm, suicide ideation and suicide.

    Refer to the following related resources to assess the impact on the child: 

    • Child development and trauma guide
    • Analysing the child assessment interview, forensic interview and the child's behaviour
    • Child Sexual Abuse Accommodation Syndrome
    • Assessing behaviour and responding to the child's needs.

    Assessing parental protectiveness

    You should consider the following when determining parental protectiveness:

    • nature of the offences; where they planned and predatory or unplanned and opportunistic
    • previous convictions or concerns
    • the alleged perpetrator's level of accountability for the abuse
    • the parent's views and wishes, level of cooperation, and acknowledgement or denial of concerns
    • the protectiveness of the non-abusing parent or caregiver
    • the child's wishes, and
    • involvement or action by WA Police Force.

    Assessing and responding to harmful sexual behaviours by a child where anoher child is harmed 

    Adult-perpetrated child sexual abuse of children does not represent all child sexual abuse that occurs.  

    Children can be harmed by other children who exhibit harmful sexual behaviours, across a broad spectrum of behaviours.

    These behaviours can range from those that are developmentally inappropriate, such as touching themselves in inappropriate circumstances, or inappropriate nudity, to criminal behaviours such as forceful sexual contact – which can be harmful to the child engaging in the behaviours and to the child being targeted and/or exposed. 

    You should consider the following when assessing if harm has occurred:

    • the type of sexual activity and whether it is normally expected for the child's age and level of development
    • power differentials
    • duration
    • differences in physical size, and
    • the presence of threats and coercive behaviour.

    Refer to Sexual behaviours of children  for further information.

    Consider the following to determine the family's capacity to monitor the child's behaviour and provide safety:

    • family strengths and safety
    • previous history of supervision
    • potential risk of further harmful sexual behavioural occuring
    • parent or carer's support
    • parent, carer, or extended family history of sexual abuse and other forms of abuse and neglect
    • parent or carer's functioning, attitude toward and response to treatment and support, and
    • the family dynamics and how the needs of the child ar met within the family unit.

    Refer to Prompts for assessing and responding to child sexual abuse when the alleged perpetrator is a child for further information.

    Determining whether harm has occurred and if someone is responsible for the harm

    The standard of proof to substantiate significant harm or likelihood of significant harm is different from that required to secure a conviction in criminal justice proceedings. It is likely that situations will arise in which an alleged perpetrator is not charged, convicted or found guilty of an offence in a Court, but harm should be substantiated and a person assessed as causing significant harm.

    The ACHR category should not apply to young persons under 18 years unless there are exceptional circumstances. Considerations should be made about that young person's capacity to understand the gravity of the allegation, the nature of the abuse and the level of known risk posed by the young person.

    Any decision to name a child under 18 years as ACHR must be endorsed by the Team Leader and approved by the District Director. For more information on naming a young person an ACHR, refer to 2.2 Assessing a person as Actual Harm Continuing Risk (AHCR).

    You should refer to Analysing the child assessment interview, forensic interview and the child's behavior and consider the indicators of trauma and the impact of trauma in the Child Development and Trauma Guide when determining whether significant harm has occurred or is likely to occur (both in related resources).

    Significant harm can be substantiated if any of the following are evident: 

    • strong medical, physical, behavioural and psychological evidence
    • admission on the part of the alleged perpetrator
    • a clear statement of harm from the child -in these instances you should believe the child, and work to establish the validity of the child's claim
    • credible statements from individuals who have knowledge that the harm has occurred, or
    • a marked discrepancy between the caregiver's explanation and the nature of the injury.

    Likelihood of harm

    Where it is assessed that child sexual abuse has occurred but harm is not evident, use your knowledge of child development and the nature of the abuse to form an opinion about the possible implications for the child and the likelihood of the child experiencing harm.

    Examples of likelihood of harm could include situations where an event has occurred or not yet happened but harm is not evident, such as a sex offender (or alleged perpetrator) may be in contact with a child and the primary caregiver is not protective.

    A decision to substantiate harm is not dependent on identifying a person as responsible for causing Actual Harm and Continuing Risk (AHCR).  For more information on making an ACHR assessment, see 2.2 Assessing a person as Actual Harm Continuing Risk (ACHR) 

    Safety planning, ongoing assessment and review

    Consider the following when developing a safety plan for allegations of child sexual abuse cases:

    • the ability of the primary caregiver, non-abusing parent or carer to be protective and acknowledge, understand and take action in response to the risk posed by the alleged perpetrator
    • any bail conditions set for the alleged perpetrator
    • identification of other people in the network who may be able to increase safety
    • the alleged perpetrator not being left alone with any children at any time, and
    • the daily care of the child by the primary caregiver, including toileting and bathing. 
    You must also consider the safety needs of other children living in the home or in significant contact with the alleged perpetrator.

    Refer to:

    Safety planning for children with harmful sexual behaviours

    Where the child displays harmful sexual behaviours, you should consider if:

    • the child can be safely supported in their own home
    • sexual behaviours have been normalised within the home and other children are also displaying harmful sexual behaviours
    • other children need support with developing protective behaviours and line-of-sight supervision is needed at all times
    • whether restrictions on venues and style of play are necessary
    • sleeping arrangements need to be changed
    • restrictions need to be placed upon television or internet viewing and the child's access to written and pictorial materials
    • extra support is needed within the home, and
    • any child requiring it has access to therapeutic assessment and treatment.
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    Sexual abuse of at-risk young people

    ​Young people who have previously been sexually abused are at a higher risk of being sexually re-victimised and/or experiencing cumulative harm. All disclosures of sexual abuse and/or assault by a young person must be taken seriously, and their rights to privacy and autonomy respected as much as possible. This includes ensuring the young person has access to appropriate sexual health information and services, STI testing, emergency contraception and counselling.

    If you become aware that a young person is or has engaged in a sexual relationship with a person and you are unsure if this relationship is abusive and/or harmful, consider the following:

    • Is there a significant difference in the developmental function or maturity of the young person and the other person?
    • Does the young person have less power than the other person? For example, due to age, disability or gender difference?
    • Is the young person subject to bribery, coercion, threats, exploitation, or violence?

    If none of the concerns above are present, follow the guidance detailed in 1.1 Sexually active young people to support the young person to engage in a safer sex and relationships. 

    If you answered 'yes' to any of the above questions, even if the young person advises that sexual contact was consensual, proceed as you would when assessing sexual abuse.

    Consult with WA Police Force if you are unsure if a criminal offence has occurred, and if a referral is required. This is particularly relevant in circumstances where a young person is engaged in sex work or sexual exploitation, where the other person is an adult  in a position of authority or power, or where threats or violence were used. 

    When a young person has been sexually assaulted and/or abused by a person outside of the family, and there is a lack of age-appropriate supervision, support and/or the provision of practical care needs (particularly where a young person was excluded from the home), you should conduct a CSI for neglect. As noted, young people who have been sexually abused are at a much higher risk of future re-victimisation, so addressing these issues are necessary to promote future safety for the young person.  

    If a young person is pregnant, and the pregnancy may be the result of sexual abuse and/or assault, the primary consideration must be the safety and wellbeing of the young person. This includes providing the young person with the information and support required to decide to proceed with a pregnancy or not, and with access to relevant health services to support their decisions. The decision to conduct a CSI for an unborn child should only be made once the young person decides to proceed with a pregnancy. For more information on supporting a pregnant young person through a decision to terminate a pregnancy, see 3.2 Termination of pregnancy (abortion).


    If a pregnant young person decides to continue with a pregnancy that is the result of sexual abuse and/or assault, the safety of the unborn child and the young person should be assessed separately. The young person should be assessed for harm related to sexual abuse and/or neglect where the sexual abuse has occurred due to a lack of care by a parent or carer.

    Any assessment for the unborn child should be completed according to the Interaction Tool, and in relation to the care able to be provided by the young person, if they plan on caring for the child after the birth

    If a young person is in a sexual relationship with an adult, consider this person's previous history of offending against vulnerable children and young people. If they have a history of exploiting, abusing or assaulting children or young people, consider if an ACHR is appropriate and ensure the police have all relevant information about this person.

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    Information and services for the child and family

    Before making a referral to treatment services, talk to the family, child or young person and ask if they believe the service will appropriately meet their needs.  For example, is the service culturally appropriate? Is it queer friendly? Where there are service options, try and refer to the service most appropriate for the individual child and seek consent from the parent or carer, the child or both.

    Consultation with the Team Leader, Senior Practice Development Officer and/or district. Department psychologists may assist in determining the most appropriate treatment options.  Where relevant, also consider consultation with the Aboriginal Practice Leader or requesting a Cultural Diversity Consult with SCPU via email.      

    You can refer children and families for treatment services to the:

    Refer to the following related resources for further information:

    • Treatment needs for children and families affected by child sexual abuse
    • How to intervene in sexual behaviours
    • Guidelines for a safe and healing home.
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