NCJ Number
100289
Journal
University of Miami Law Review Volume: 40 Issue: 1 Dated: (November 1985) Pages: 167-179
Date Published
1985
Length
13 pages
Annotation
Emerging trends and issues relating to testimony by child victims of sexual assault are outlined, with emphasis on limitations of the criminal justice system and on the need to avoid rushing into untried and possibly unnecessary solutions.
Abstract
Child sexual assault often presents unique problems of proof and complications for the victim witness. The two major concerns are the possibility of additional victim psychological trauma by the criminal justice system and the effectiveness and competence of children as witnesses. Procedural reforms have helped deal with the first issue, while recent research has shown that when properly questioned, children can be effective and accurate witnesses. Recent legislative reforms designed to reduce victim trauma would limit defendant rights, and it will probably be difficult to find legally acceptable methods of excusing children from giving direct testimony and from being cross-examined in court. Major problems are the possible misinterpretation of children's statements and the needs to deal with situations involving infants and very young children, children abused by many offenders, and children who have been treated violently. Although the current attention to the problems of child victims is positive, careful research should underly any legal reforms. It must also be recognized that the community, as well as the criminal justice system, must address the problem. Footnotes.