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For a child who has been a victim of or witness to an act of physical, sexual or psychological violence, the legal procedure is an experience which may prove to be traumatic. The threats to the child’s psychological integrity are many: fear of reprisals, fear of rejection by those around them, feelings of guilt or quite simply fear of not being believed. What is therefore the best way of combining protection for a child victim with the need to apply the law fairly? There are many methods which can be used to help a child during this ordeal, whilst at the same time ensuring that the child’s testimony has legal force. Terre des Hommes – Lausanne (Tdh) puts these methods into practice with its protection programme for child victims of sexual abuse.
The guiding principle for any legal proceedings involving minors is to make the interests of the child a priority. This basic rule is enshrined in the Convention on the Rights of Children, which, to date, has been signed by 192 states. All of the parties involved (judge, prosecutor, investigators, lawyers, psychologists, doctors, social workers) therefore have the responsibility of protecting the child in their physical, psychological and emotional integrity throughout the entire legal process starting with the identification of the offence to the investigation itself.
In order to help legal professionals and the authorities involved to respect this principle, UNICEF published a brochure in 2009 outlining the recommended procedure for collecting testimonies from minors who are victims of or witnesses to crimes. The aim of these recommendations is to make a child’s participation easier and less stressful by not causing any psychological or emotional damage.
Creating a safe environment
First of all, it is extremely important to ensure that the child is willing to testify and that they are ready to undergo this ordeal. This long process must be undertaken in a positive way in order to help the child to overcome the trauma they have been subjected to.
The first stage consists in appointing a support person who acts as the child’s guardian throughout the legal process. Depending on the legislation system, this person may be chosen by the child, a friend or a member of the family, a qualified social worker or any person approved of by the court. This person should always be present and having this person nearby should reassure the child and make them feel safe. In the same context, it is recommended that the number of people who need to interact with the child should be limited and that the same people should be involved for the entire duration of the process. Being in contact with familiar and reassuring faces is very important in helping the child to confide.
Preparing the victim or the witness for the legal process is a key phase. Once the child has become familiar with the court and its proceedings and is aware of what is expected of them if required to stand before the court, they will feel less intimidated and more sure of themselves. It is important that the child be given a feeling of control. Thus, the risk of the child becoming destabilized during the trial is reduced considerably.
Special care is needed when collecting information from a child. They must not feel intimated or persecuted and must not feel as though they are being interrogated. It is also recommended that the number of interviews be limited to just one. The examination may take various forms and the use of objects (cards, images, toys, drawings) gives the child the opportunity to express themselves in a way which suits them best.
Protect victims of sexual abuse in Colombia
With its child protection programmes, Tdh faces situations in which children who are victims of abuse are called upon to testify against their attackers. This is especially the case for the protection programme for minors who are victims of sexual abuse in Cartagena in Colombia. Tdh undertakes to promote the child’s best interests throughout the entire legal process and provides assistance and training for the legal practitioners.
In 2013 protection for children during the legal process was greatly improved in the city of Cartagena, mainly due to the Gesell chamber being brought back into use. By using this chamber it is possible to create a secure space in which to question the child whilst they are observed and filmed using one-way mirrors. A single interview is carried out under the most favourable conditions to the child.
To date, the programme’s legal representation axis has enabled 70 complaints to be filed and 28 people to be found guilty of sexual exploitation
