Evidence and Child Sexual Abuse - Obfuscation or illumination?

In an earlier article in this journal (Bates, 1992), I suggested that, ‘Legislation and traditional legal principle seems to have been used to obfuscate, rather than enhance, the fact finding process.’ The cases discussed in that article (Minister of Community Welfare v B.Y. and L.F. (1988) F.L.C. 91-973; In the Marriage of Y and F (1990) F.L.C. 92-141; In the Marriage of D and B (1991) F.L.C. 92-226) documented that administrative processes were far from satisfactory in the way in which they dealt with allegations of child sexual abuse and so, perhaps, was the way in which the courts viewed expert evidence. Unfortunately, the process does seem to be continuing and must, therefore, be appropriately documented.