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ARTICLE · 14 MARCH 2019

Pell: Evidence beyond reasonable doubt and rights beyond the criminal system

Standing up in court is harrowing, but recent amendments are a step forward in ensuring justice for child abuse victims.

AustraliaLitigation, Mediation & Arbitration

The media erupted this week as Cardinal George Pell was convicted of Historical Child Sexual Abuse. 

Evidence Beyond Reasonable Doubt 

In any criminal case a judge or jury must adhere to a very strict standard of proof. That is, a hearing will only be run on what can be proven upon the admissible evidence. The offence must be established beyond any reasonable doubt. 

It is often the case in criminal proceedings that the heavy evidence burden can leave survivors of child sexual abuse feeling disheartened, disempowered and as though they have no further course of action.

Let me explain … 

The verdict against Cardinal Pell relates only to allegations that he assaulted two 13-year-old choir boys at the St Patrick’s Cathedral in Melbourne in 1996 after a Sunday mass and again assaulting one of the boys in 1997. This was no doubt a difficult case for the crown to prove, with very limited evidentiary material to call upon, particularly as one victim had died. 

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