When the Victim Is a Child - Issues for Judges and Prosecutors

• NCJ Number: 97664
• Author(s): D Whitcomb; D Whitcomb; E R Shapiro; L D Stellwagen
• Date Published: 1985
• Length: 137 pages
• Grant Number(s): J-LEAA-011-81
• Agencies: NIJ-Sponsored
• Publication Type: Report (Study/Research)

Annotation

This study reviews research on the problems of child witnesses in the criminal justice system, identifies special needs of child witnesses, and examines State laws intended to reduce the trauma of trial preparation and court appearances for child victims of sexual abuse.

Abstract

Special attention was focused on the criminal justice system's treatment of child sex abuse victims. The analysis, based on raw data from the American Bar Association's 1981 mail survey of prosecutorial practices used with child victims, identified jurisdictions implementing progressive approaches in working with child victims. Of these jurisdictions, Des Moines, Iowa; Milwaukee, Wis.; Orlando, Fla.; and Ventura, Calif.; received indepth investigations. Legislative issues addressed and procedures used in these jurisdictions pertain to the competency of child witnesses, the exclusion of trial spectators, avoidance of direct confrontation, videotaped depositions and statements, special exceptions to hearsay, and the use of expert witnesses. Other innovations are the use of victim advocates and the streamlining of the adjudication process. Reforms favored by this study include the abolition of special competency requirements for children and the adoption of special hearsay exceptions to admit certain out-of-court statements. Appendixes contain guidelines for interviewing child victims, conditions for the use of videotaped testimony, and guidelines for such videotaping. Tables and exhibits.