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Discussion of Evidentiary and Procedural Problems and Methods for Improving Child Sexual Abuse Prosecutions, and Special Approaches With Pre-School Age Victims (From Papers From a National Conference on Legal Reforms in Child Sexual Abuse Cases, March 1985, Josephine Bulkley, ed. -- See NCJ-107173)

NCJ Number
107176
Author(s)
C Rundle
Date Published
1985
Length
11 pages
Annotation
This paper reviews evidentiary and procedural problems in prosecuting child sexual abuse cases and how those problems are addressed in Dade County, Fla.
Abstract
The problems include minimization of the interviews child sexual abuse victims must undergo, the victim as the only witness, and the need for familial cooperation and support for the child in incest cases. A single videotaped interview conducted by trained interviewers and shared among concerned agencies is recommended to reduce trauma to the child and maximize the consistency of information obtained. Dade County is funding a child abuse center to centrally locate multidisciplinary services and provide a common reference point to child abuse victims. When the victim is the only witness, the use of nonusable repeated statements by victims (statements not usually allowed in court) and anatomically correct dolls to help victims express themselves on an appropriate level are suggested as means of demonstrative evidence. Dade County has a diversion program for incest cases in which offenders and families are treated, thereby treating instead of punishing offenders. Full revision of Florida's incest laws is also recommended. The case of Williams v. State (1959) is reviewed, in which the Florida Supreme Court recognized that relevant testimony regarding similar fact evidence is admissible in given case situations. The decision is significant for child abuse cases because it allows introduction of prior acts without having to prove them as separate offenses. Statutory revisions currently under review by the Dade County State Attorney's Office are discussed, including revisions to the hearsay exception and problems with videotaping at deposition and trial.