NCJ Number
44840
Date Published
Unknown
Length
16 pages
Annotation
BACKGROUND INFORMATION ON CHILD DEVELOPMENT AND CHILD MOLESTATION IS PRESENTED WITH A VIEW TOWARD ALLEVIATING THE TRAUMA EXPERIENCED BY CHILD VICTIMS AS WITNESSES IN THE PROSECUTION OF SEXUAL ASSAULT CASES.
Abstract
IN MOST JURISDICTIONS, THE CHILD WITNESS MUST REVIEW THE DETAILS OF THE ASSAULT IN SEVERAL SEPARATE INTERVIEWS CONDUCTED BY POLICE AND THE PROSECUTING ATTORNEY. USUALLY A PARENT OR ADVOCATE IS NOT WITH THE CHILD DURING THE INTERROGATIONS. THE CHILD MAY BE REQUIRED TO IDENTIFY THE OFFENDER BY PICTURE OR LINE-UP. IF THE SUSPECT DOES NOT PLEAD GUILTY, THE CHILD WILL HAVE TO TESTIFY IN COURT AND UNDERGO CROSS-EXAMINATION IN THE PRESENCE OF THE SUSPECT. SUCH REQUIREMENTS HAVE LED MANY PARENTS AND MENTAL HEALTH PROFESSIONALS TO FEAR THAT THE EFFECT OF CRIMINAL PROCEEDINGS ON THE CHILD MAY BE MORE EMOTIONALLY TRAUMATIC THAN THE ASSAULT ITSELF. INCREASED REPORTING OF SEXUAL ABUSE OF CHILDERN AND IMPROVED CONVICTION RATES DEPEND ON CHANGING THE ASPECTS OF THE LEGAL SYSTEM THAT INHIBIT VICTIM COOPERATION. CONSIDERATION OF BASIC PRINCIPLES OF CHILD DEVELOPMENT PROVIDES A FRAMEWORK WITHIN WHICH TO EXPLORE MORE EFFECTIVE PROCEDURES FOR INVESTIGATING CHILD MOLESTATION CASES. CRITERIA THAT MAY BE USED TO JUDGE THE VALIDITY OF A CHILD'S STATEMENT ARE SUGGESTED, AS ARE METHODS OF APPLYING KNOWLEDGE OF CHILDREN'S BEHAVIOR TO THE INVESTIGATIVE PROCESS. THE USE OF AN ADVOCATE TO PROTECT THE WELFARE OF THE CHILD WITNESS DURING TRIAL IS SUGGESTED, AS IS MORE SENSITIVE HANDLING OF VICTIMS' PARENTS. IT IS RECOMMENDED THAT LEGISLATION BE EXPLORED TO PROVIDE THE LEGAL FOUNDATION FOR SPECIAL PROTECTION OF CHILD WITNESSES.