NCJ Number
217318
Journal
Acta Criminologica Volume: 17 Issue: 1 Dated: 2004 Pages: 17-23
Date Published
2004
Length
7 pages
Annotation
This pilot study explored the experiences of individuals involved in court support and court preparation regarding the protection of young victims and witnesses in South Africa.
Abstract
Overall, a need for court support and preparation was stressed by all participants as crucial in the case of child witnesses, particularly for younger child witnesses. Participants noted that child victims were more likely to blame themselves for their victimization than adult victims and that the criminal justice response could feel like punishment to children. To respond appropriately to child victims/witnesses, court preparation and support should involve an explanation of the court processes and the child’s role in the case. Another obstacle to overcome involves the often suspect credibility of testimony provided by children, who unlike adults are required to convince the judge that they understand the meaning of the oath in order to give sworn testimony. Additionally, cross-examinations of children are often characterized as aggressive, traumatic, and confusing. Not to mention the added trauma of facing their perpetrator in a court of law. Familiarizing the child with the courtroom and its procedures is again stressed as the most effective means of improving child testimony. The findings also indicated the importance of providing support and guidance for parents, proper training in cross-examination and memory refreshment, using experienced and trained child interviewers, and enhanced cooperation between existing victim services. It is also recommended that child interviews occur in a child friendly environment and that a child’s needs be assessed in relation to their court appearance. Participants were five managing directors or senior representatives of organizations in South Africa involved in court support and court preparation who were interviewed regarding their opinions on the need for, and distinction between, court support and court preparation. Interviews also focused on their opinions of the problems experienced with child testimonies and how these problems were addressed through court support and preparation. References