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Children's Evidence: The Need for Corroboration

NCJ Number
113729
Author(s)
C Hedderman
Date Published
1987
Length
42 pages
Annotation
A review of studies examining the reliability of testimony of children who have been sexually abused leads to the conclusion that children need not be prevented from giving evidence simply because of their age.
Abstract
Although British law requires the corroboration of unsworn testimony from children under the age of 14, a review of research indicates that the requirement is not necessary. Instead, a court should assess each child's abilities and circumstances in deciding whether a child would make a competent and reliable courtroom witness. Courts should also weigh whether a child would sustain psychological damage by testifying in court. Because of the secretive nature of child sexual abuse, corroborating witnesses are not often available. Additionally, physical signs of the abuse are not always reliable or available; the testimony of the child witness is often all the evidence there is. Consideration should be given to changing the laws on sworn and unsworn testimony and corroboration as they apply to cases of child sexual abuse. If the legal requirements are maintained, consideration should be given to allowing the unsworn testimony of one child to corroborate the testimony of another. 75 references.