Risk assessment

Assessing risk, and a child’s immediate safety in the sexual abuse context requires a robust and holistic assessment exploring family functioning and risk factors looking beyond the specific sexually abusive behaviour. 

Comprehensive information gathering and relationship-based practice with children, parents and their safety and support network is crucial to developing a true appraisal of risk of the abusive behaviour, the individual needs, characteristics and experiences of family members and the functioning and dynamics of the family.

Gathering and analysing information

Child sexual abuse often occurs in families where other forms of dysfunction, abuse or neglect is occurring. The Australian Child Maltreatment Study found that for those who experience any maltreatment, multi-type treatment, where a child is exposed to multiple types of abuse types and neglect at the same time, is the norm (Haslam et al.). Domestic and family violence and child sexual abuse often co-occur. 

Families with multiple types of child abuse and neglect create insular and closed environments where secrecy is embedded into the functioning and dynamics of the family and community network. 

People who sexually abuse children often use grooming behaviours to make the abuse seem normal, hide what they are doing, prevent the child from speaking out, and damage the child’s relationships with supportive adults. This affects relationships and makes it harder for the child’s non-offending family members to notice, understand, and respond to signs or incidents of sexual abuse.

It’s important to recognise these dynamics when engaging and gathering information, as they can make it difficult for the child and those connected to them to share reliable information openly.

Treat children as a key source or information and position them as experts on their own experiences. While family dynamics and sexual grooming tactics can impair a child’s understanding of abuse, safety and protection, provide a child with opportunities to share their perspective and experiences, listen to and take them seriously. 

Assessing harm, safety and risk in the context of child sexual abuse

• Did the person who abused the child have a position of authority, responsibility or care over the child?
• What sexual grooming tactics did the person who abused the child use towards the child, their family and the community to facilitate or conceal their sexually abusive behaviour?
• Were there triggers or specific contexts in which the abuse occurred?
• Does the victim child have experiences or characteristics that increase their vulnerability to sexual abuse?
• What was the child’s experience of the abusive behaviour physically and emotionally?
• How does the child make sense of the abuse now?

Explore the child’s sense of self 

• How does the child view themselves? 
• Do they show signs of low self-esteem, self-blame, or confusion about their identity?

Understand the child’s experience of care 

• What has the child’s relationship with their parents been like? 
• Have there been any signs of neglect, inconsistency, or lack of emotional responsiveness?

Adverse or traumatic experiences

• Has the child experienced other forms of abuse, neglect, or family dysfunction that may impact their vulnerability?

Developmental disability or impairment

• Does the child have any developmental disabilities or impairments that may affect their understanding, communication, or ability to protect themselves?

Neurodiverse conditions

• Does the child have a neurodiverse condition that may influence their behaviour, communication, or understanding of social situations?

Understanding of protective behaviours 

• What does the child know about protective behaviours, such as consent, healthy relationships, body boundaries, recognising abuse, and understanding body signals?

Social connections

• How socially connected is the child? 
• Do they have safe friends or peers they trust and rely on?

Supportive adults

• Are there adults outside the home who provide the child with unconditional love, care, and support?

Barriers to disclosure 

• What challenges might the child face in disclosing experiences of discomfort or abuse? Are there fears, threats, or other factors preventing them from speaking out?

Living environment

• Is the child currently living in a segregated environment, such as a Youth Justice facility, residential care, or disability housing? 
• How might this impact their safety and well-being?

Substance use 

• Does the child use drugs or alcohol? 
• If so, who do they use drugs or alcohol with, and how do they get drugs and alcohol?
• If so, how might this affect their safety or ability to disclose abuse?

Overtly sexual behaviour

• Have you observed the child displaying sexual behaviour towards other children or adults? 
• How is this behaviour managed, and what steps are taken to address it? (Refer to Harmful sexual behaviour.)

Context of the person reported to have sexually abused a child

• What has been the person’s pattern of sexually abusive behaviour over time?
• What sexual grooming tactics did the person use towards the child, their family and the community to facilitate and conceal their sexually abusive behaviour? 
• Can the person identify circumstances or psychological vulnerabilities relevant to the onset of their sexually abusive behaviour?
• Can the person identify specific triggers or circumstances in which the abuse occurred?
• Does the person associate with others who have sexually abused children, including people who access, share or produce child sexual abuse material?
• What social-media platforms does this person use? What is the pattern and nature of their social media use?
• What is the nature and extent of the person’s pornography use? Do they pay for pornographic material online? Do they access violent or deviant pornography?
• Does the person engage in antisocial, criminal or impulsive behaviour distinct from their sexually abusive behaviour?
• Is the person experiencing individual or interpersonal stressors? What coping strategies does the person use to manage stress?
• Does the person have positive family and community relationships and support systems?
• Does the person have contact with other children at school, clubs or other activities? When and where does this person spend time with children?
• Has this person gifted money, treats, outings, items to a child (outside of gifts arranged with prior-parent approval)? When was the last time the child was given a treat or gift from the person? Have other children in the home also received gifts? 

Context of the family system

• How does the child experience their family’s day-to-day functioning? For example, does the child feel nurtured and respected, with basic needs met? 
• What meaning does the family attach to sexual abuse broadly, and to the specific sexual abuse concerns? For example, do they think sexual abuse is not detrimental to a child as there is no physical injury, or do they think it’s in the past and the child should just move on. 
• What attitudes does the family generally have about sex, privacy and personal boundaries?
• What influence does the family’s culture have on their beliefs and attitudes about sexual concepts and sexual abuse?
• What beliefs does the family hold about gender roles, rights and responsibilities?
• How do power and control dynamics present in the family’s functioning? Who has power and how do they use it?
• How does each family member perceive and make sense of the role and status of other members of the family?
• How connected is the family to their extended family and community?
• What professional services support the family?
• What were the parents’ own experiences of care during their childhood?
• Do the parents use drugs or alcohol?
• Do the parents experience mental or physical health challenges?

When gathering information from the child, family and other relevant sources, explore the following factors to inform your assessment the protective capacity of a non-offending caregiver. 

• Is domestic and family violence impacting their capacity to identify, intervene or respond to risk in the child’s environment? 
• Do they believe the sexual abuse has occurred without blaming the child, minimising or justifying the abuse? Are they capable of protecting the child against any perceptions of disbelief, blame or minimisation?
• Do they acknowledge the risk of future sexual abuse posed by the person reported to have sexually abused a child?
• Do they demonstrate a willingness to protect the child?
• Can they describe their responsibility to manage the factors placing the child at risk?

With each review, assess the protective capacity demonstrated by members of the child’s safety and support network. Use the following prompts to determine if the necessary acts of protection have consistently occurred over time, and if the safety and support network are able to assume responsibility for the child’s safety to their safety and support network.

• Are they willing and able to take definitive action to respond to indicators of concern or presenting risk in the child’s environment?
• Can they articulate their knowledge of the abuser’s behaviour, including sexual grooming tactics or patterns of abuse?
• Does their knowledge of child sexual abuse dynamics include indicators and impacts of the abuse on this child? Can they identify signs and indicators to look for?
• What do they see as the high-risk situations associated with the abuser’s history of behaviour?
• Can they recognise how the abuser's harmful beliefs or attitudes may have influenced their behaviour?
• Do they openly discuss the sexual abuse concerns as appropriate with children and suitable family members and encourage open communication in the household?
• Can they effectively manage the child’s behavioural and emotional responses?
• To what degree can they educate the child about protective behaviours and implement appropriate, healthy boundaries in the home?
• Do they recognise the impact the sexual abuse discovery has on their own wellbeing and are they seeking support to address these impacts? Are they prepared to address their own feelings around the child’s disclosures such as fear, denial, shame, anger, guilt or self-blame?
• Are they prepared to respond to the child’s feelings of anger or disappointment towards the non-offending parent? For example, the child feeling unprotected, or for the disruption to the family unit?
• Do they have the knowledge and emotional capacity to manage future disclosures by the child?
• How do they perceive or respond to the external influences, expectations, or emotions of the abuser and others in the family or community? Explore whether they feel pressured, conflicted, or influenced by these external factors and how it affects their perspective or actions. How do they feel about the external pressures and feelings of the abuser and other family or community members?
• Can they modify family routines and patterns to reduce the risk of abusive behaviour occurring?
• Are they able to assertively problem-solve using supports and resources available?
• Do they work collaboratively with Child Safety, treatment providers and support services?
• Are they supportive of therapeutic and educational sessions and attend with the child as needed?
• Have they accessed support for any personal history of victimisation, trauma, substance abuse or health needs as needed?
• Do they have an effective and positive support network?

Vulnerability and high-risk factors

While any child can be a victim of sexual abuse, research has identified several factors that increase the vulnerability. 

The following vulnerabilities and risk factors intersect with child sexual abuse in 3 key ways:

1. They reduce the child’s ability to recognise behaviour as sexually abusive (including increasing their vulnerability to sexual grooming).
2. They create barriers for the child being able to disclose sexual abuse to a safe, protective adult.
3. They reduce the protective capacity of other adults around the child.

Cultural considerations for sexual abuse practice

For many families, culture is a source of strength, protection and healing. These positive aspects of culture should be recognised and supported in developing protective capacity and plans to address risk. The strengths of a family’s culture will be individual and specific to their family and community, and the ways in which they make sense of their culture in their own context. 

Speak with children, parents, extended family and community members to explore how culture can provide a valuable avenue for safety in the sexual abuse context. 

Cultural or religious factors can also contribute to circumstances in which abuse occurs and goes undetected creating additional barriers for a child to disclose sexual abuse.

When a child discloses sexual abuse, ensure any decision-making is conducted in a culturally safe and respectful manner that recognises and values the cultural context of the child, their family, and community. This process should also actively seek the child’s views and feelings in an age and developmentally appropriate way.

Prioritise the child’s safety and well-being by handling the situation with sensitivity and care, avoiding any actions or decisions that could cause further harm, distress or trauma.

Engage with cultural practice advisors or trusted and safe community representatives where appropriate to ensure the process remains respectful and supportive while maintaining the child’s best interest at the centre of all actions. (Refer to procedure 6, Work with Aboriginal and Torres Strait islander children and families.)

Common cultural and religious influences are highlighted in the table below.

Intersections with family law and criminal systems

Criminal legal system

Determining the safety of, or risk to, children is a separate and distinct issue from any processes that may or may not happen in the criminal legal system. While child sexual abuse is a crime, and child protection investigations may intersect with criminal legal proceedings, there are significant differences between these systems that must be considered and clarified with families when sexual abuse is a concern. 

The Queensland Criminal Code Act 1899 and the Commonwealth Criminal Code Act 1996 are the primary legislative frameworks for child sexual offences in Queensland. A child sexual offence is one of a sexual nature committed against a child and includes:

• indecent treatment of a child
• engaging in penile intercourse with a child under 16
• engaging in intercourse, penetration or indecent treatment of a child aged 16-17 under the offender’s care or authority
• procuring a child to engage in penile intercourse
• rape
• incest
• grooming a child (or their parent or carer)
• possessing, making or sharing child sexual abuse material
• repeated sexual conduct with a child.

The offence, indecent treatment of a child covers a range of conduct of a sexual nature, including:

• fondling a child in a sexual manner
• having a child touch the genitals of another person
• exposing a child to indecent objects, films or printed matter,
• taking a sexual photograph of a child.

Children aged between 10 and 14 years, under the Youth Justice Act 1992 are presumed not criminally responsible unless the prosecution can prove otherwise (i.e., they have the capacity to understand their actions were wrong). This presumption is known as doli incapax.

It is illegal for any person over the age of 10 years to engage in any form of sexual activity with a child under the age of 16 years. 

It is illegal for any person over the age of 10 years to use a carriage service (such as phone, internet, email, social media) to transmit, promote, access or solicit child sexual abuse material of any child.
It is illegal for any person in a position of care, supervision or authority over a child aged 16-17 years to engage in sexual activity with that child.

Except as otherwise expressly stated in the legislation, it is immaterial that the accused person did not know that the person was under a certain age or believed the person was not under that age.

In Queensland, it is also a criminal offence when: 

• an adult fails to report to police or act on known risks of child sexual abuse unless they have a reasonable excuse
• any adult employed in a position of power or responsibility within an institution fails to protect a child from the risk of a sexual offence by an adult within the institution.  

Standards of proof

Child protection assessments consider a range of risk factors, vulnerabilities, and contextual information whereas criminal investigations are primarily concerned with whether there is sufficient evidence to prove the elements of the criminal offence. 

Two key differences between the child protection system and the criminal justice system are the standards of proof, and the scope of evidence - explained in the following table. 

Reasons a child may not disclose sexual abuse include:

• afraid of consequences, what will happen following the disclosure
• fear of repercussions or threats from their abuser
• shame (may stem from cultural norms about virginity, sexuality)
• feel responsible for the abuse
• unsure if what occurred is abuse 
• don’t know who to turn to
• confused or shocked about the offence
• fear they won’t be believed 
• worried about the reaction of who they tell
• age, cognitive capacity – unable to make a disclosure, lack of skills in language to communicate the abuse
• severity of abuse
• victim’s relationship with abuser. 

Reasons a child’s disclosure may not be reported to police: 

• recipient of disclosure does not believe disclosure
• time delay of reporting with assumptions made ‘it’s too late’
• fear of police
• fear of re-telling story and reliving trauma
• fear of process
• fear of not being believed by authorities. 

Reasons a sexual offender may not be charged: 

• lack of physical (including medical) or corroborating evidence
• lack of witnesses (most abuse occurs in residential locations and not public spaces)
• child’s inability to explain the details (particularise all elements) of offences as required for a police charge (Refer to Interview the child and record evidence.)
  • abuse has been ongoing and the incidences blur together
  • interview process relives trauma 
  • unable to remember the details of the abuse
  • dissociation during the interview, which restricted the interviewer’s capacity to obtain information
  • child did not want to talk to strangers or does not connect with the interviewer
• a delay in the disclosure and police report has led to loss of evidence or inability to recall specific details and timeframes. 

Reasons why an offender who has been charged, may not have the case heard in court:

• a victim may not wish to pursue criminal proceedings due to fear of process, lengthy processes, being re-victimised, exposure to public scrutiny 
• evidence or corroborating evidence has been lost
• lack of evidence to proceed. 

Factors impacting an offender being found guilty:

•  the case is dropped following the committal hearing (in the Magistrates Court) and does not proceed to trial in higher court due to: 
  • insufficient evidence to the criminal standard – charges are dismissed
  • withdrawal of charges – the prosecution decides to withdraw the charges during the committal process, often due to insufficient evidence, a lack of witnesses, or other legal technicalities that make it unlikely to secure a conviction
  • the prosecution and defence may reach an agreement, such as the accused pleading guilty to lesser charges, which may resolve the matter without proceeding to trial
  • the prosecution choosing to discontinue the case as it is no longer in the public interest to proceed or new evidence has emerged that weakens the case.
• the court processes include the victim giving evidence and cross examination requirements re-traumatise the victim 
• the jury must be satisfied of the standard of proof, beyond a reasonable doubt  
• the jury’s perception of victim or offender swayed by assessments of their reactions, continued relationship, appearance or credibility 
• jurors may have negative attitudes or hold myths about sexual offending. 

Factors impacting on incarceration of offenders: 

• the criminal or child protection history of perpetrator 
• time served in pre-sentence custody 
• the Penalties and Sentences Act 1992 enable other alternative consequences including community-based orders (probation, community service, intensive correction order), fines, suspended sentences 
• the Criminal Code Act 1899 outlines maximum penalties and these offences have penalties that are concurrent, rather than cumulative in nature 
• defences under the Criminal Code Act 1899 including mistaken belief of age (under 12 or 16 for indecent treatment offences), mistake of fact, insanity, or intoxication. 

Family law system

A family’s involvement with the Family Court when sexual abuse concerns are raised can create additional complexities for child protection practitioners.

The Family Law system becomes involved in making decision for children when an application is made, ordinarily in circumstances where there is dispute between parents about arrangements for their children. When determining any dispute about children, the Family Court must regard the best interests of the child as its paramount principle and give consideration to the information provided to the court proceedings. The Family Law Act 1975, provides guidance as to how the Court determines a child’s best interests.

Any person who files an application in the Family Court seeking parenting orders must file a Notice of Child Abuse, Family Violence or Risk form. This informs the Court of any allegations of family violence, child abuse or risk relevant to parenting proceedings.

The National Strategic Framework for Information Sharing between the Family Law and Family Violence and Child Protection Systems supports the appropriate and timely two-way information exchange between the Federal Circuit and Family Court of Australia and state and territory courts, child protection, policing, and firearms agencies.

This includes the Family Court alerting child safety to any child protection concern that may arise in this jurisdiction and child safety sharing current assessments and historical child protection information with the Family Court to assist in their decision making. (Refer to Information sharing between Child Safety and the family court.)

As child protection assessments may influence decision-making in the Family Court jurisdiction, it is crucial that assessments of sexual abuse allegations are robust, clear and informed by contemporary understanding of sexual abuse dynamics. 

When concerns about abuse or risk to children are raised, the Family Law system is often assisted by information from other professionals in making decisions about arrangements for children. At times, the perspectives of these professionals may vary from the assessment of child protection practitioners. In circumstances where Child Safety has conducted a comprehensive assessment informed by relationship-based practice and robust information gathering from reliable collateral sources, decisions about how to duly weight Family Court findings must be balanced and considered carefully. Consideration needs to be given to information the Family Law Court relied upon when reaching decisions, and whether Child Safety has access to new information requiring additional consideration. 

Like all jurisdictions, misconceptions about child sexual abuse disclosure and parental coaching impact perceptions of sexual abuse allegations in the Family Law context. Research has identified that at times thinking errors may impact on decision-making where child sexual abuse is alleged in Family Court proceedings including:

• findings of coaching and false allegations being misaligned with rates of occurrence in research
• a tendency to attribute trauma symptoms to parental conflict and separation rather than resulting from alleged sexual abuse 
• the context of parental conflict distracting from children’s voices and experiences
• an overreliance on criminal legal outcomes, which reflect only a small proportion of child sexual abuse due to low prosecution rates.

Interpreting Family Court outcomes in the child protection context requires child protection practitioners to centre the voice and experience of the child and recognise any gaps in information, scope and engagement faced by Family Court professionals. In circumstances where a child protection assessment outcome may conflict with a finding of the Family Court, as mentioned above, contact should be made with Court Services Team. As with any assessment, it is crucial that the rationale and evidence are clearly articulated, including a detailed analysis of the available information and decision-making process. 

Despite involvement in any judicial process, child protection practitioners conducting assessments of sexual abuse should always undertake robust assessments in relation to child protection concerns and safeguard against assumptions about the veracity of disclosures, for example, disclosures made as retribution. This requires a process of investigation informed by rapport-based engagement with the child, robust analysis of information and repeated hypothesis-testing. When considering whether a parent is willing and able to care for and protect their child, their realistic ability to enforce arrangements required to keep their child safe must be considered within the context of any court orders.