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COURT COURT PREPARATION AND PREPARATION AND COURT SUPPORT COURT SUPPORT Young witnesses Dr Linda Davis Ms Jacky Saffy

COURT PREPARATION AND COURT SUPPORT Young witnesses Dr Linda Davis Ms Jacky Saffy

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Page 1: COURT PREPARATION AND COURT SUPPORT Young witnesses Dr Linda Davis Ms Jacky Saffy

COURT COURT PREPARATION AND PREPARATION AND

COURT SUPPORTCOURT SUPPORTYoung witnesses

Dr Linda Davis

Ms Jacky Saffy

Page 2: COURT PREPARATION AND COURT SUPPORT Young witnesses Dr Linda Davis Ms Jacky Saffy

Introduction

“Child sexual abuse – A circle of hell” “S.A’s shame: Children in sex industry” “Baby Tshepang raped by only one person”

GAP

Ability to testify Court’s acceptance

Page 3: COURT PREPARATION AND COURT SUPPORT Young witnesses Dr Linda Davis Ms Jacky Saffy

The Criminal Justice System

Increased attention Public concern Victim movements United Nations

Page 4: COURT PREPARATION AND COURT SUPPORT Young witnesses Dr Linda Davis Ms Jacky Saffy

Negative Experiences

Multiple interviews Memory Developmental phases Face to face contact with defendant Increased anxiousness Poor witness Weak testimony

Page 5: COURT PREPARATION AND COURT SUPPORT Young witnesses Dr Linda Davis Ms Jacky Saffy

Methodology

Pilot study Phenemenological One-on-one semi-structured interviews

Page 6: COURT PREPARATION AND COURT SUPPORT Young witnesses Dr Linda Davis Ms Jacky Saffy

Findings

NEED– “re-live”– Tell the story “over and over”– Blame themselves

Page 7: COURT PREPARATION AND COURT SUPPORT Young witnesses Dr Linda Davis Ms Jacky Saffy

DEFINITIONS

Court Support

“Falls in line with victim support”

“Hand holding”

“What to expect from the criminal justice system”

Page 8: COURT PREPARATION AND COURT SUPPORT Young witnesses Dr Linda Davis Ms Jacky Saffy

• Court preparation

“A goal is to limit trauma and get better results.”

“It covers all aspects of the court, while taking into account the developmental stages of the child”

“while it should only be done by trained individuals, it includes all the role players and the child”

Page 9: COURT PREPARATION AND COURT SUPPORT Young witnesses Dr Linda Davis Ms Jacky Saffy

The child witness

Legal obstacles Witness inaccuracy Reduce stress Criminal Procedure Act (Act 51 of 1977) The SA Law Commission

Page 10: COURT PREPARATION AND COURT SUPPORT Young witnesses Dr Linda Davis Ms Jacky Saffy

Themes

Benefits towards the child Support and guidance Training Experience Co-operation Changing attitudes

Page 11: COURT PREPARATION AND COURT SUPPORT Young witnesses Dr Linda Davis Ms Jacky Saffy

Challenges and limitations

Number of investigative interviews Child’s needs Broaden the role of intermediaries Aware of false statements Prevent case delays Room Logistical arrangements

Page 12: COURT PREPARATION AND COURT SUPPORT Young witnesses Dr Linda Davis Ms Jacky Saffy

Conclusion

Children are strong and resilient and with proper support and preparation most of them are empowered and able to cope with testifying and ultimately move on with their lives