The Experiences of Young Complainant Witnesses in Criminal Court Trials for Sexual Offences

Abstract

For effective provision of justice it is important that young witnesses are involved in criminal trials, yet participation may be detrimental to their well-being and presents challenges for gaining full and accurate evidence from them. Innovations in court processes intended to support the well-being of young witnesses should, amongst other considerations, be informed by the perspectives and experiences of those whom they are intended to assist. The participants in the current study consisted of young complainant witnesses who were involved in criminal court trials for sexual offences, along with their parents or caregivers. Semi-structured interviews with individual participants were conducted. Audio recordings of interviews were then transcribed and analysed using thematic analysis. Nine themes were identified in the data: (1) pre-trial delay makes everything worse, (2) uncertainty is difficult and being prepared is important, (3) cross-examination is stressful, (4) having a voice is a positive aspect of the trial, (5) the possibility of seeing the defendant is stressful, (6) for parents, putting on a brave face and being a supporter is challenging, (7) young witnesses feel exposed by the court process and family members feel exposed to details of the offending, (8) support is critical, and (9) families place importance on the verdict and sentencing. The findings are considered within the New Zealand context as well as other jurisdictions, and recommendations are made.

Post-traumatic stress disorder, human rights and access to healthcare: an analysis of judgments of the European Court of Human Rights from an ethical perspective

“…However, in many cases, it can add to the trauma of the original crime (Parsons & Bergin, 2010 ). Facing the perpetrator, recalling details of the crime, and being subjected to exhaustive questioning can contribute to re-experiencing the traumatic event and adverse short- and long-term outcomes, such as PTSD (Randell, Seymour, Henderson, & Blackwell, 2018 ). The ECtHR balances the rights of the defendant with the protection of the witnesses’ mental health.…”

The Juxtaposition of the Child as a Witness and a Victim: An Analysis of Legal Policy Affecting Young Witnesses in Canada

“…Prior disclosure, which includes relaying orders of events when children are asked about their abuse before forensic interviewing and the trial itself, in particular, is regarded as a positive outcome on their ability to recall details. Empowering the child's voice is similarly argued to be beneficial for children who are required to deliver their testimonies in court as they inevitably face challenges and discomfort (Randell et al, 2017). Facilitating these testimonies from young witnesses is crucial to the outcomes of justice.…”

“…In addressing these kinds of questions children face, several researchers have evaluated and created ways to prepare children before they are required to deliver evidence and avoid instances of damaging their credibility (Irvine et al, 2016;Hurley, 2015). Although the literature suggests its efficacy varies, as young witnesses find court preparation useful (Randell et al, 2017), the establishment of ground rules in the courtroom is not as heavily regarded as ground rules when preparing a child witness before their testimonies. This was evaluated by Brubacher and colleagues (2015) through a meta-analysis of literature examining the use of ground rules when children are preparing to be interviewed by a forensic interviewer.…”

“…The argument for "censorship" or questioning styles that should be considered off-limits for young witnesses due to the possibility of their negative short and long-term mental health effects has been met with mixed perspectives. As mentioned earlier, Plotnikoff and Woolfson (2011) are amongst the researchers who promote the exclusion of accusing young witnesses from lying as it is understood among the research community that these kinds of accusations are associated with adverse outcomes toward the testimonies of the young witnesses (Quas & Goodman, 2012;Randell et al, 2017). Restrictions on certain kinds of language and questioning techniques have been introduced to lawyers in the past, one of which is recognized as 'rape shields' in the United States and Canada (McNabb & Baker, 2021;Myers, 2017).…”

“…Further, there are even fewer qualitative studies that inquire about the often-traumatic experiences a child and their caregivers endure when required to testify. These kinds of studies that yield meaningful lived experiences of children as witnesses have been done on a larger scale in New Zealand, for example, but little research exists within the Canadian context which presents itself as a glaring issue (Hurley, 2015;Randell et al, 2017). Although these countries share similar adversarial justice systems and general principles, it is imperative to develop an enhanced body of Canadian data to reflect the realities of the court process experience for young witnesses.…”