NCJ Number
87323
Journal
Welfare Volume: 42 Issue: 1 Dated: (January/February 1983) Pages: 68-75
Date Published
1983
Length
8 pages
Annotation
An analysis of judicial procedures for handling cases of parent-child incest recommends that the child be interviewed by a worker trained in handling sexual abuse cases and presenting evidence in court and that the child not testify in person.
Abstract
Current procedures for handling incest cases have three major shortcomings. They are harmful to the victim, ignore family involvement which must be considered for successful treatment, and admits unreliable evidence. Proof in court is dependent on the testimony of the child victims and is thus subject to their weaknesses as witnesses. The proposed reform would permit the expert to interview the child in a setting designed to accommodate the child's needs. The attorneys for both the accused and the State would provide any interview questions. Recording the interviews would permit its court presentation in lieu of the child's testimony. Attorneys could cross-examine the experts to test their competency and bias. This reform involves a novel application of legal principles related to due process and the rights of the accused. It also shifts control from law enforcement to child welfare workers. Thirty-two references are listed.