NCJ Number
110216
Journal
Land and Water Law Review Volume: 21 Dated: (1986) Pages: 565-578
Date Published
1986
Length
14 pages
Annotation
This article discusses problems for the prosecutor caused by the psychological trauma to the young victim-witness under the adversary system in child sex abuse cases and proposes using videotaped testimony and testimony via closed circuit television (CCTV) to help minimize this trauma.
Abstract
The primary problem facing prosecutors in child sexual abuse cases is the difficulty in obtaining admissible evidence, especially in cases involving young victims. While it is generally agreed that children simply cannot fabricate stories of sexual abuse, sometimes in the witness stand the children cannot present their stories in a believable manner. Other times, the courtroom and adversary process traumatize children to the point where they 'freeze' and cannot tell their story at all. An approach used by prosecutors to allow the children's vital testimony to be entered into evidence without them having to testify in court is the catch-all exception. Catch-all exceptions can be used to justify children's depositions into evidence; the most effective means of recording that deposition and presenting it in the trial is by way of videotape. The use of 2-way closed circuit television (CCTV) is a way around all hearsay problems. Under CCTV circumstances, the child is in a room apart from the courtroom but can observe the proceedings and be seen and heard in the courtroom. Some jurisdictions have modified procedures to limit the trauma to young victims while others have proposed legislation to permit the use of videotaped depositions and CCTV. 70 footnotes and an appendix.