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Justice Elusive: Why Most Abuse in Care Cases Don’t Lead to Court

ivanusma70 January 19, 2026 2 minutes read
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A recent inquiry into widespread abuse within state and faith-based institutions uncovered a grim reality: an estimated 200,000 people suffered horrific abuse or neglect between 1950 and 1999. Thousands of survivors bravely shared their stories, leading to 110 specific referrals to the police for potential prosecution. Yet, a disheartening truth has emerged: fewer than one in ten of these cases have resulted in a conviction.

Out of 110 referrals, only seven have led to convictions, with 11 still under investigation. A staggering 93 cases were closed without charges being laid. Why such a low number? Legal experts like Sonja Cooper point to the immense challenges of prosecuting historic abuse claims. For a case to proceed, there must be enough evidence to prove guilt “beyond reasonable doubt” and it must be deemed in the “public interest.”

For many historic allegations, evidence can be scarce, memories fade, and witnesses may no longer be available. Police often require multiple victims to come forward against the same abuser, a difficult standard for solitary survivors. Furthermore, factors like suspects being deceased, statutes of limitations expiring, or survivors themselves deciding not to proceed due to immense trauma, all contribute to cases closing.

This outcome deeply concerns survivor advocates. Ken Clearwater expressed shock, while Eugene Ryder noted that traumatized survivors often struggle with the precise details needed for high legal thresholds. They argue that the current system, even with updated prosecution guidelines, continues to fall short in providing justice.

While police acknowledge the difficulty of historic cases compared to recent ones, critics suggest there hasn’t been enough fundamental change in how these cases are handled. For many survivors who have already lost faith in the system, this outcome tragically reinforces their feelings of being unheard and denied their day in court. The pursuit of justice for these long-suffering individuals remains an uphill battle.

Source: https://www.nzherald.co.nz/nz/abuse-in-care-police-prosecuted-fewer-than-1-in-10-referred-cases/SCB2NCDWQZEQPMJ7TCL5H4PVSI/

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