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COURT COURT PREPARATION AND PREPARATION AND
COURT SUPPORTCOURT SUPPORTYoung 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
The Criminal Justice System
Increased attention Public concern Victim movements United Nations
Negative Experiences
Multiple interviews Memory Developmental phases Face to face contact with defendant Increased anxiousness Poor witness Weak testimony
Methodology
Pilot study Phenemenological One-on-one semi-structured interviews
Findings
NEED– “re-live”– Tell the story “over and over”– Blame themselves
DEFINITIONS
Court Support
“Falls in line with victim support”
“Hand holding”
“What to expect from the criminal justice system”
• 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”
The child witness
Legal obstacles Witness inaccuracy Reduce stress Criminal Procedure Act (Act 51 of 1977) The SA Law Commission
Themes
Benefits towards the child Support and guidance Training Experience Co-operation Changing attitudes
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
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