Juridical Situation of Child Witnesses in Canada (From Psychology and Law: International Perspectives, P 399-403, 1992, Friedrich Losel, Doris Bender, et al., eds. -- See NCJ-148224)

• NCJ Number: 148254
• Author(s): M J O'Neill
• Date Published: 1992
• Length: 5 pages
• Sale Source: Walter de Gruyter & Co
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Germany (Unified)

Annotation

Sexual offenses against children and youth began to be fully recognized in Canada in the late 1970's, and Canada's Criminal Code now identifies 16 sexual offenses that can apply to child sexual abuse.

Abstract

Children under 12 years of age are not considered able to consent to sexual activity, while children between 12 and 18 years of age are protected from sexual exploitation. Categories of child sexual abuse offenses include summary, hybrid, and indictable. The maximum sentence for a sexual abuse crime is 10 years in prison; the maximum sentence for aggravated sexual assault is life imprisonment. The child victim is regarded as a key witness who gives evidence of the offense to the court. In general, the victim does not attend the first court appearance but usually gives evidence at the preliminary inquiry and the trial. Canada's law allows child victims and child witnesses to request that their names or identifying information not be published or broadcast by the media. The law also contains provisions on children's testimony that concern corroboration, reputation evidence, testimony outside the courtroom, and videotaped evidence. Recommendations on further improvements to the law are offered. 6 references