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Canada's Law on Child Sexual Abuse

NCJ Number
128329
Author(s)
M Wells
Date Published
1990
Length
117 pages
Annotation
This handbook provides child protection workers with information on Canada's child sexual abuse legislation.
Abstract
Changes to Canada's Federal Criminal Code and the Canada Evidence Act on January 1, 1988, created new child sexual abuse offenses and expanded the opportunities for courts to receive children's testimony in cases of child sexual abuse. Information about the new law and its implications for social work practice is essential background for child sexual abuse investigations. The new law also creates a need for close cooperation between the criminal justice system and the child welfare system. There are now 16 sexual offenses in the Criminal Code that could apply to child sexual abuse. Regarding consent, the law specifies that children under 12 are never considered able to consent to sexual activity. This handbook outlines the criminal justice process and its principles and explains the law on child sexual abuse and some of its implications for investigative practices and management of evidence. It also discusses the need for the adaptation of investigative methods when a child sexual abuse case becomes a criminal justice matter. In explaining the changes in the rules of evidence relating to child witnesses, the handbook focuses on rules designed to offset the disadvantages previously experienced by child witnesses. The handbook suggests roles child protection workers may assume under the new law. Glossary, subject index, and 36 selected readings.