NCJ Number
110374
Journal
Northern Kentucky Law Review Volume: 13 Issue: 1 Dated: (1986) Pages: 181-199
Date Published
1986
Length
19 pages
Annotation
Courts should try to use procedures that promote the discovery of truth without subjecting child victims of abuse or sexual molestation to further trauma or infringing the constitutional rights of the accused person.
Abstract
The reasons for questioning the competency of children to testify are valid. Young children may not be able to describe events accurately, may mix truth with fantasy, may lack the vocabulary to explain actions, and may fear repercussions or want to please adults by making certain statements. However, several approaches can address these problems. The child's version of what happened should be videotaped as soon as possible after the event is discovered. The videotaping should take place in a comfortable atmosphere using an interview by a trained expert and with use of dolls to point out what happened. The videotape should be permitted as evidence at trial without further participation of the child. If necessary, the judge could view the tape before the trial and decide if the videotape reflected enough competency in the child's testimony to be admitted into evidence. This approach would benefit the defendant in that the child would be interviewed soon after the event occurred. It would also avoid the potential for arousing the jury's sympathy through the use of a child on the witness stand. The U.S. Supreme Court will eventually need to address the issue of the acceptability of videotaped testimony and will need to balance the defendant's right to confront the accuser with the State's interest in protecting children. 145 footnotes.