NCJ Number
96491
Journal
Criminal Justice Journal Volume: 7 Issue: 1 Dated: (Fall 1983) Pages: 1-48
Date Published
1983
Length
48 pages
Annotation
This article focuses on the legal issues involved in attempts to balance the competing interests of protecting the child abuse victim and protecting the constitutional rights of the defendant. Also examined are primary issues arising when child abuse victims testify (competency, credibility, recantation of previous statements, and corroboration).
Abstract
The position of the child victim entering the judicial system is described, with emphasis on the likelihood that the child has been repeatedly victimized and is emotionally child has been repeatedly victimized and is emotionally deprived. Methods for determining a child's competency to testify are outlined, as is research on the credibility of child witnesses. The circumstances that can lead to the recantation of child's statements are summarized. Most jurisdictions' dropping of the requirement of corroborating evidence, and corroboration through the use of the colposcope in medical examinations and the use of expert testimony from therapists are explained. The victimization of boys and its relationship to the victims' later sex offenses as adults is discussed. The background and interpretations of the confrontation clause of the sixth amendment and three current hearsay exceptions useful in child abuse cases are described. The use of closed-circuit television videotaping, new legislation on hearsay exceptions, and the child courtroom are described as alternatives to the usual courtroom procedures. Proposals related to deferred prosecution programs are explained. The need for the legal system to develop procedures which support and encourage eliciting accurate testimony from children without further victimizing them is emphasized. A total of 218 footnotes are supplied.