Eksterne faktore wat die seksueel misbruikte kind verhoed om doeltreffend in Suid-Afrikaanse howe te getuig: ’n Vlugtige oorsig

Abstract

External factors preventing the sexually abused child to testify effectively in a South African court: A rapid reviewChild sexual abuse is an epidemic that adversely affects the whole of society. The conviction rate of sexual offenders is exceptionally low in South Africa (SAPS, 2019). There are several factors in the court process that prevent children from testifying effectively in court. These factors were researched in this article by means of a rapid review. The purpose of the research is to examine the legal system in South Africa regarding the court procedures in which children are involved and to identify the factors that influence children's testimony. We focused on external factors related to court proceedings. Various databases were searched, namely SA Publications, Sabinet, EBSCO-Host, LexisNexis, and Juta. The PRISMA guidelines were used for the quality appraisal of the articles. Both the title and summary of an article were examined to determine the relevance of the data. There were two researchers involved in the study: the first researcher launched the study and the second researcher ensured quality. From the eventual eight articles selected, factors were identified and thematically analysed to identify the external factors as outlined in this article.Eight factors were identified that prevent children from testifying effectively in court. In more than 60% of the articles, it was shown that inadequate court preparation causes children to testify less effectively; so proper court preparation is of great value in obtaining more effective evidence. A quarter of the articles show that contact with the alleged offender or the possibility of contact during the court proceedings provokes excessive tension in the child as a witness. The tension and anxiety cause children to testify less effectively. In 37,5% of the articles, it was shown that the delay in court proceedings is directly related to poor evidence given by children and that this is a common problem in the South African legal system. More than 85% of the articles have shown that there is a reason for insufficient child participation in the South African courts, due to a lack of sufficient resources.The law requires that specific services must be rendered to child witnesses, but due to a lack of resources or misuse of resources, these services are not provided sufficiently. It emerged Publikasie-ervaring sluit in die Orania behoeftebepaling as medeskrywer, alhoewel Solidariteit Helpende Hand die uitgewer was.