Delaying Pre-trial Therapy to Child Victims of Sexual Abuse: An Unfounded Prevailing Culture in South Africa?

2017 ◽  
Vol 25 (3-4) ◽  
pp. 599-621
Author(s):  
Daniël F. Fouché ◽  
Ansie Fouché

Due to the statutory obligation to report child sexual abuse to the authorities, children in South Africa are increasingly called to testify in criminal proceedings. A recent qualitative study found that South African parents and social workers are often advised by legal professionals to postpone pre-trial therapy (therapy provided to child witnesses prior to testimony) until after the child’s testimony, based on concerns that therapy could contaminate the child’s version of events, and might ultimately lead to an acquittal of the accused. In this study, the authors analysed selected authoritative documents to explore whether or not any directives exist in respect of the provision of pre-trial therapy to child victims of sexual abuse in South Africa. Our findings suggest that none of the authoritative documents included in our document review specifically mention the rendering of pre-trial therapy to child victims of sexual abuse. Recommendations for policy reform and research are made.

2002 ◽  
Vol 83 (5) ◽  
pp. 541-546 ◽  
Author(s):  
Felicity Coughlan ◽  
Renette Jarman

In South Africa, an intermediary system is attempting to reduce the trauma and secondary abuse often experienced by child witnesses in court cases involving sexual abuse. By separating the child from the formal courtroom and allowing an intermediary to relay questions and answers to the child via closed circuit television, it was hoped that the stress of the experience for these children would be reduced while retaining the rights of the accused to cross-examine witnesses and to a fair trial. This article reports on a major urban court in South Africa where intermediaries (social workers) have refused to continue offering their services. It also reports on the challenges and difficulties associated with offering the services. The authors further argue that immediate action is required if the system is to be saved. They also suggest how to address the needs and concerns of the intermediaries, thus further developing and improving the existing system. The authors close with recommendations for systems in other locations that might be considering the use of intermediaries in similar situations.


2011 ◽  
Vol 19 (2) ◽  
pp. 251-269 ◽  
Author(s):  
F. Noel Zaal ◽  
Carmel R. Matthias

AbstractSouth Africa has utilised intermediaries to protect child witnesses and assist their communication in criminal proceedings in the magistrates' courts since 1993. is article examines some lessons to be learned from the South African experience. It provides an overview and assessment of attempts to overcome implementation problems and develop the legislation providing for intermediaries. It reviews contradictory solutions for improvement of the law recently put forward by the high court and constitutional court. Applying both the South African history and international standards, we argue that the high court offered a better way forward. We suggest some additional reforms which may also be relevant for advocates of the intermediary system in other jurisdictions.


Temida ◽  
2020 ◽  
Vol 23 (3) ◽  
pp. 353-369
Author(s):  
Bojana Tankosic ◽  
Ivana Milosavljevic-Djukic

This paper aims to present the most common reasons why child victims of sexual abuse do not choose to testify about their experience in criminal proceedings. The process of disclosing sexual abuse and the reactions of family members and professionals in various institutions can be a source of support and help in recovery for the child, but also a source of secondary victimization. Based on that, the paper analyzes to what extent the Serbian legislative framework is harmonized with international standards regarding the protection of child victims from secondary victimization. It points out to the application of legal solutions on the protection of child victims during criminal proceedings through the Units for Supporting Child Victims and Witnesses as an example of the best practice in supporting and protecting child victims and witnesses from secondary victimization. Special attention is paid to the prevalence of sexual abuse of children, while the focus is on the reasons why children are not ready to speak publicly about sexual abuse, as well as the feelings that arise when disclosure occurs.


2007 ◽  
Vol 100 (3) ◽  
pp. 768-770 ◽  
Author(s):  
Steven J. Collings

In a sample of 856 South African child victims of sexual abuse ( M age= 10.2 yr., SD = 4.2), 26% experienced nonsupportive reactions at initial disclosure, with nonsupportive reactions taking two forms, ignoring the child (16% of cases) and punishing or silencing the child (10% of cases). Nonsupportive disclosure was equally likely when the confidant was a nonoffending guardian (OR=1.00), another family member (OR = 0.84), or a professional person (OR=1.07) but significantly more likely in cases where the confidant was a community member (OR = 3.41).


1994 ◽  
Vol 18 (4) ◽  
pp. 18-23
Author(s):  
Sarah Borthwick

Children who are to be witnesses in criminal proceedings as a result of being victims of sexual abuse, need comprehensive and sensitive preparation in order to give valuable evidence and remain psychologically intact. Sarah Borthwick argues that parents and carers need more than information if they are to support their children as witnesses.


Author(s):  
Mildred Bekink

The protection of child victims and witnesses in the criminal justice system is of vital importance, as present-day research studies conducted on the victimisation of children in South Africa show that South African children in particular experience and witness exceptionally high levels of crime, and consequently represent a significant portion of the victims and witnesses that have to appear in court to testify about these crimes. This contribution consists of an in-depth discussion of the rights of the child victim and witness encompassed in the Constitution of the Republic of South Africa, 1996 in order to determine whether the current protection afforded to child victims and witnesses while testifying in criminal proceedings in South Africa is in line with South Africa's constitutional obligations. In this regard the general constitutional rights in the Bill of Rights relating to child victims and witnesses as well as the specific constitutional rights of child victims and witnesses in section 28 of the Constitution are discussed.  


2020 ◽  
pp. 93-119
Author(s):  
Ellen Brickman ◽  
Mary Boncher ◽  
Mel Schneiderman ◽  
Sonya Dickerson

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