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The Forum > Article Comments > Fathers and bias in the Family Court > Comments

Fathers and bias in the Family Court : Comments

By Patricia Merkin, published 26/3/2010

Why is the Family Court of Australia giving s*x offenders access to children?

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samiam: My work history with clients (mostly male in one of my client groups) reflects exactly the same.

<"Male victims are increasingly likely to be represented among sexual assault survivors, who as adults feel more able to disclose incidents that occurred to them as children (Watkins and Bentovim 2000). Approximately 70 per cent of the male victims represented in the 1992 national survey were assaulted prior to the age of 17, most commonly by family members or other adult male acquaintances (Easteal 1994). Almost half (47.4 per cent) of the male respondents had, prior to the survey, never disclosed their abuse to anyone (Easteal 1994).">

http://www.aifs.gov.au/acssa/pubs/briefing/b1.html

More anecdotes:

http://www.smh.com.au/articles/2003/05/02/1051382093363.html

I'm wondering if, as Cornflower's link says, the father has spent 450,000 dollars in the courts, how much the mother has spent. Legal Aid (if she ever had it) has limits.

I'd like to ask people:

If a few years from now it comes out that one of these children has been sexually abused, what should this mother have done to protect her daughter ?
Posted by Pynchme, Sunday, 28 March 2010 9:28:43 AM
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We all seem to agree on the essentials as it is a no-brainer.

The real issue is how to decipher the truths from the lies that make it difficult to make decisions on access and custody. Not an easy ask for any Judge let alone anyone else involved.

While most of us acknowledge that shared parenting is not always suitable for all children or families, it should be the starting point or premise of any discussion.

The best interests for children is positive interaction with both parents but where this is not possible, some harsh decisions may have to be made.

Should there be harsher penalties for false reporting of sexual abuse (or any abuse) if it can be proven? That is something worth thinking about but on the downside may prevent legitimate reportings if the accuser or victim feels they may not be believed.

It is all very difficult with many conflicting risks no matter which way you look at it.
Posted by pelican, Sunday, 28 March 2010 10:22:11 AM
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The odds of a child false reporting are slim to none.

For example, in the following study, investigators had 102 abuse incidents concerning 10 children on tapes produced by the abuser, who was known or related to all the children on the tapes.

No matter what interview technique was used all the children either denied or minimized and none made false claims.

http://www.kidsindistress.org.au/files/Gold%20Standard,%20Limited%20disclosures%20of%20sexual%20abuse%20in%20children%20experience%20documented.pdf

Mothers are already discouraged from stating any concerns about the child being at risk for sexual assault. In some cases care has immediately been granted to the other parent. So I am wondering how parents cope - what can one do to protect their child?
Posted by Pynchme, Sunday, 28 March 2010 12:48:03 PM
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Pynchme,
"Mothers are already discouraged from stating any concerns about the child being at risk for sexual assault."

What a load of rubish. Women are routinely told by solicitors to state that they have been abused so as to win the court case and get the money.

What can be done to reduce child sex abuse or any child abuse?

Immediately reduce the number of de facto relationships and the number of children born outside of marriage, and grant more shared parenting.

If there is to be a single parent, it is best that it is the father, as data shows that childr4en being looked after by their natural father are less likely to suffer neglect, financial poverty or sexual abuse.

I think that even a femenist trained university academic would have difficulty refuting that the natural father is the least likely male to carry out sexual abuse of his children.
Posted by vanna, Sunday, 28 March 2010 1:17:00 PM
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Vanna: <"Women are routinely told by solicitors to state that they have been abused so as to win the court case and get the money.">

Do you have any evidence of that?

Stats in a legitimate study would be welcome as well as anecdotal.
Posted by Pynchme, Sunday, 28 March 2010 3:13:19 PM
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Vanna < " What can be done to reduce child sex abuse or any child abuse? Immediately reduce the number of de facto relationships and the number of children born outside of marriage, and grant more shared parenting."

Gee Vanna, how would you work out the above situations?
Are you suggesting that once a marital relationship has broken down that both the parents are doomed to live alone until the kids leave home then? What a lonely life you are condemning them to!

Are you suggesting that married step-parents abuse kids less than defacto step-parents? Where is the proof of this?

I see you are an advocate of marriage?
Do you think the institution of marriage protects children?

In Ireland, where contraception, abortion and divorce was illegal until recently, the family home was the place where most children were sexually abused by far (as well as Catholic Priests!).

There weren't many defacto relationships in that country, but sexual abuse was at least as common as it is here.

Paedophiles will access children any way and anywhere they can
Posted by suzeonline, Sunday, 28 March 2010 6:23:07 PM
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