Child Sexual Assault Trials: A Comparative Analysis Between Common Law Countries With Special Reference To India

Abstract

Child sexual abuse (CSA) is defined by the World Health Organization (WHO) as the involvement of a child in sexual activity that the child does not fully understand, is unable to give informed consent to, is not developmentally ready for and cannot give consent to, or that violates societal laws or social taboos. The term "child sexual abuse" (CSA) refers to a variety of sexual behaviours, such as fondling, enticing a child to engage in sexual contact or to receive sexual contact, intercourse, exhibitionism, engaging a kid in prostitution or pornography, or luring children online by cyber-predators. Children who have experienced sexual abuse are the victims of a crime and may pursue legal action as a result. This frequently occurs in conjunction with the child having a mental condition as a result of abuse. To address this issue and safeguard children's rights, the Protection of Children from Sexual Offenses Act (POCSO) was passed as a special law in India. Without a question, enacting this Act has been a significant step in protecting children's rights. This paper will compare the extra measures that are offered to child complainants/victims in sexual assault cases. In this paper India's position is contrasted and compared with those of Australia, New Zealand, and the UK.