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Legal Basics: Nation by Nation
This page provides very basic information and links on legal systems, for those dealing with them, perhaps for the first time, in the context of sibling sexual abuse.
Scroll down to find your country's section, listed in alphabetical order.
(More to be added as time and connections allow.)
5WAVES are not attorneys, and this is not legal advise.
Please visit our Finding a Lawyer page for help in finding an attorney.
Australia
Emergency Number
000
Who is a Mandatory Reporter?
Northern Territory: any person who suspects child abuse or neglect
Others: professionals who work with children
Mandatory Reporting of Child Abuse and Neglect
How to Report Child Sexual Abuse
National Office for Child Safety: Make a Report (scroll down for contacts for each state/territory)
Basic English Guide on Reporting Crime to Police
Who Investigates Reports of Child Sexual Abuse?
Child Protection and/or Police
Victims’ Rights Information
Victim's Guide to Support Services and the Criminal Justice System
Victims of Crime – Youthlaw
Statute of Limitations for Sexual Crimes Against Children
None
Sources of Legal Assistance
Youthlaw
Youth Law Australia
Legal Aid Australia
Age of Consent
16 or 17, depending on State/Territory
Age of Criminal Responsibility
10 year old minimum
Age of Criminal Responsibility (SA) - Go To Court
Age Limits for Youth Court
10-17 years at time of the offence Youth justice - Australian Institute of Health and Welfare
Basics of the Criminal Legal Process
Crime & Justice: The criminal justice system
Sex Offender Registry
There are two registries in Australia, one for sexual offences in general, and the Australian National Child Offender Registry for serious offences against children, including sexual offences. Police can access information from the Managed Persons Registry about individuals who were charged but not convicted, and those who have completed their time on the registry.
The registries are not public, but agencies with a need to know (such as those employing people to work with children) can ask for information on an individual.
Children can be required to register, but for half the time as an adult would for the same offence.
Protection services | Australian Criminal Intelligence Commission
Canada
Emergency Number
911
Who is a Mandatory Reporter?
Everyone who suspects a child is being abused or neglected; however there are criminal penalties only for those in professions that involve responsibility for children and their welfare
Frequently Asked Questions (FAQs) | Canadian Child Welfare Research Portal
How to Report Child Sexual Abuse
Contact local police or children’s advocacy or welfare service
Find your local service here: Provincial and Territorial Assistance | Canadian Child Welfare Research Portal
Who Investigates Reports of Child Sexual Abuse?
Child Welfare Service and/or Police
Victims’ Rights Information
Victim Services Directory
Statute of Limitations for Reporting Sexual Crimes Against Children
None (Sexual Assault & Law, Voices for Women Sexual Assault Centre)
Sources of Legal Assistance
Each province has its own Legal Aid service for those who meet income requirements
Search Legal Aid + Province/Territory or Consult this list: Legal Aid Programs
Age of Consent
16
Age of Criminal Responsibility
12
Age Limits for Youth Court
12-17 (can be charged as an adult at age 14-16 for serious offences)
Basics of the Criminal Legal Process
Province of Manitoba | Justice - The Criminal Case: Step-by-Step (very similar in other provinces and territories)
Who decides whether to bring charges?
Crown Prosecutors enter charges and direct them through the court system
Sex Offender Registry
The National Sex Offender Registry is accessible to police but not the public
Youth who were charged and convicted as adults would be listed on the registry.
SiblingsToo Podcast
Nancy Morris discusses aspects of Canadian criminal and civil law, including the unfortunate concerns of victims being sued for defamation when they speak out, with Carmen Baru, Civil Litigation Lawyer in Ottawa.
The Law and Sibling Sexual Abuse: Part I (35 min) and Part II (40 min)
United Kingdom
Emergency Number
999
Who is a Mandatory Reporter?
No mandatory reporting requirements as of 1 August 2024
How to Report Child Sexual Abuse
Report child abuse | NSPCC (phone, online form, and email options to report; also provides guidance on whether or not you should make a report)
or Report child abuse | UK.gov (includes link to find your postcode's local council to report directly)
101 (police non emergency police number)
Online form (only if not an emergency): Report rape, sexual assault and other sexual offences | Police.uk
Who Investigates Reports of Child Sexual Abuse?
Social services and/or police
Victims’ Rights Information
Victims Code (more info to be posted soon)
Statute of Limitations for Reporting Sexual Crimes Against Children
None
Sources of Legal Assistance
Legal aid: Overview - GOV.UK
About us - Legal Aid Agency - GOV.UK
Age of Consent
16; offences against children age 12 and under are more serious
Age of Criminal Responsibility
10
Age Limits for Youth Court
10-17 (age 18-25 go through the adult criminal process but have a separate prison system)
Basics of the Criminal Legal Process
House of Commons Library: A short guide to the criminal justice system
Who decides whether to bring charges?
Crown Prosecution Service (CPS) enters charges and takes cases to court; operates independently of the police, the government, and the victim
Sex Offender Registry
The Violent and Sex Offender Register (ViSOR) is the database, accessible to police, to monitor the location and activity of people who are living in the community after being convicted of violent and sexual offenses. It is not accessible to the general public, but those responsible for the care and education of children can ask police to investigate whether people who have or will have contact with children are listed.
There is a process to for parents to check whether someone who has contact with your child is registered as a sex offender: Get a police check on someone that has contact with a child - GOV.UK
Youth who have been cautioned or convicted are required to register under ViSOR for a limited amount of time, which varies depending on the offence and sentence.
Archived Article and The Story Podcast, both from The Sunday Times, include discussion of defamation law in the UK as it relates to sibling sexual abuse