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Diagnostic Evaluations and the Use of Videotapes in Child Sexual Abuse Cases

NCJ Number
100288
Journal
University of Miami Law Review Volume: 20 Issue: 1 Dated: (November 1985) Pages: 135-165
Author(s)
K MacFarlane
Date Published
1985
Length
31 pages
Annotation
This paper examines the advantages and disadvantages of the video recording of interviews and testimony by child victims of sexual abuse and discusses some of the techniques and strategies associated with interviewing and videotaping young children.
Abstract
Much of the discussion also applies to audiotaping and closed-circuit television. Videotaping is used to reduce the trauma resulting from the usual proceedings and multiple interviews, record initial reactions for eventual use in therapy, and deter retractions of disclosures. It does not and deter retractions of disclosures. It does not substitute for children's presence, but can corroborate expert or interviewer testimony, impeach retracting witnesses, and aid further proceedings involving alleged abusers. Some States videotape children's testimony during preliminary hearings and grand jury proceedings. However, three legal and ethical problems are involved in videotaping: (1) protection of confidentiality, (2) informed consent, and (3) use of videotaping by attorneys. Interviewers of young children must use leading questions responsibly and must initially ask general and openended questions. Although more experience and testing will be required to resolve many of the issues surrounding videotaping, the central issue that must be kept in mind is its purpose. Videotaping offers many potential benefits, and resolution of the current issues may rest on the responsiveness of the legal system. Footnotes.