Disclosure of sexual abuse in private family proceedings: reconciling the irreconcilable? Re A: a casenote

Abstract

The decision of the Supreme Court in Re A brings into sharp focus the difficulty of balancing competing interests in matters of disclosure in cases involving allegations of serious sexual abuse. In Re A, the Supreme Court, was called upon to strike a balance between the right to fair trial and the rights of the person alleging abuse, who was strongly resistant to disclosure. This judgment is significant for its exposition of the difficult ‘balancing act’ at the heart of the disclosure exercise which here embraced simultaneously Articles 3, 6 and 8 of the European Convention on Human Rights (ECHR). Beyond this, the case raises important questions as to where the line should be drawn between confidentiality for victims of abuse and achieving justice for parties in family proceedings. The author offers a critique of the decision by drawing on current thinking on sexual abuse, before arguing, with reference to the law of Australia, that a new approach is needed to protect those who disclose.

Keywords:

• sexual abuse
• disclosure
• convention rights
• public interest immunity