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Cross-Examination, Sexual Abuse and Child Witness Identity

NCJ Number
196240
Journal
Child Abuse Review Volume: 11 Issue: 3 Dated: May-June 2002 Pages: 137-152
Author(s)
Helen L. Westcott; Marcus Page
Date Published
May 2002
Length
16 pages
Annotation
This paper presents extracts from cross-examinations of child witnesses who were alleged victims of child sexual abuse.
Abstract
The authors discuss the manner in which cross-examination may present a challenge to the child's identity as child, victim, and witness. Specifically, the child may be portrayed as "unchildlike," for example, in his/her experience of sexual relationships or in sexual knowledge. Child victims/witnesses may also be portrayed as less than innocent through references to previous contacts with social services or to other behaviors such as delinquency. Cross-examination may also attempt to depict child victims/witnesses as instigators rather than victims, as seducers of the adult defendants or as using false sexual allegations to seek revenge against the adult. Cross-examination may also attempt to stereotype children as being poor witnesses because of fallible memories and a lack of credibility. This paper considers the dynamics and potential impact of such cross-examination practices within Finkelhor's framework of four traumagenics of sexual abuse: traumatic sexualization, betrayal, powerlessness, and stigmatization. The potential of poorly conducted cross-examinations to create further problems of child witnesses is emphasized, particularly regarding the sense of their identity. The paper concludes with discussions of practice implications for cross-examination of children, judicial intervention, and witness support following the implementation of the Youth Justice and Criminal Evidence Act 1999 in England and Wales. 34 references

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