This article is about the sexually abused child and recent efforts for multidisciplinary intervention on behalf of the child. The child's perception is necessarily the result of the child's limited knowledge, experience and tendency towards an egocentric view of the world. The credibility of the child's testimony would be a matter of weight to be determined by the trier of fact, not admissibility.
Tanduyan, 41, the suspect was convicted based on the testimony of the prosecution's only witness, a thirteen-year-old boy. An expert witness must first be presented to testify that (1) the child will suffer severe emotional trauma if brought into court to testify and (2) the child is also susceptible to this psychological trauma if he has to witnesses in the physical presence of the suspect. -perpetrator. It must be clear that the child is not only traumatized by the courtroom environment, but, more importantly, by the physical presence of the suspect.
The trauma must be of such a nature that it would compromise the completeness or truthfulness of the child's testimony. When ordering a child's testimony to be heard on live television, the following mechanisms must be considered: The accused may be present, unless the court decides based on the evidence that the child cannot testify in the physical presence of the accused.
The individual interviewing the child must be available at trial for questioning by either party. The specific persons primarily involved in protecting the best interests of the child are: (a) guardian ad litem, (b) support persons, (c) interpreter, and (d) mediator. When appointing, the court first determines whether the appointment will benefit the child.
In doing so, it gives priority to the parents of the child victim, with the caveat that those parents are. A child wants to see a familiar, trusted face in the courtroom - that of the support person. Including the public, RECW considered the effect that a hearing open to the public has on the physical and emotional state of the child.
Specifically, Article 24 states that the court may order that persons present at the trial may not enter or leave the courtroom during the child's testimony. Child sensitivity involves preserving a child's identity from stigma, unspeakable shame, and ridicule. In a study conducted by the Ateneo AKAP, it was found that based on 374 child sexual abuse convictions, of these convictions were based on the testimony of the child.72.
The Supreme Court considered all the circumstances surrounding the child's statements to determine whether the hearsay violated the Confrontation Clause.
Where the crime is child sexual abuse and the
The right to physical confrontation, when viewed in the light of society's interest in accurate fact-finding, fails in the face of a higher and more sublime interest. In the social interest adjustment, the said right to physical confrontation is not a necessary requirement. Like the res gestae argument, which allows the accused to be confronted with a dying declaration, the question - if a dying declaration is admissible, why rule out admissibility of the statement of a child victim who has already passed the test by excluding the child victim from being present.
Moreover, the fact that the defendant is still given the opportunity to cross-examine through this process dispels any notion of a different reading of the right to confrontation. The degree to which the legal system is responsible for maintaining social order and promoting the public interest over and. In practice, the public interest, as interpreted by judges, tends to prevail over the private interests of parties and witnesses.
A balance must be struck between the harm likely to be caused to the child and the interests of public order and public security. If the crime involves child sexual abuse and the alleged perpetrator is a foreigner, the same consideration applies, but this time the harm to the child by being a witness may well outweigh the benefits.
Our position is that where there is a serious risk of harm to my child through the use of my legal process, everything possible should be done to reduce the risk. This would involve not only such measures as video links and the admissibility of previously recorded video evidence, but more importantly, a greater sensitivity to children's needs throughout the criminal justice system. There are important issues to be raised regarding the courts' role as protector of rights.
It is necessary to consider the concept of legal rights by distinguishing between substantive and procedural rights. Substantive rights give the holder the power, enforceable by law, to take action that affects others or to oppose actions taken against them by others. Unlike substantive rights, they do not determine the outcome of the decision, but only the form of the decision-making process.
The legal process works relatively well as a protector of substantive rights when it is asked to adjudicate on issues of contractual arrangements, such as relationships between suppliers and retaliators. It can also work well where there are quasi-contractual trustee-beneficiary arrangements.
The legal process works far less for those
VAN BUEREN'THE INTERNATIONAL LAW ON THE RIGHTS OF THE CHILD 47 (1995)
Ramirez, The Courts and Children's Rights: A Legal Perspective, PHILIPPINE CASE LAW ON CHILD SEXUAL ABUSE: AN INTERDISCIPLINARY ANALYSIS (2002). Poria, Child Abuse and the Courts: A Sociological Perspective, PHILIPPINE CASE LAW ON CHILD SEXUAL ABUSE: AN. Yambao, Jr, (Eds.), Compilation of Legal Materials on the Juvenile Justice System VI & 2.
Bala, Nicholas, Dual Victims: Child Sexual Abuse and the Canadian Criminal Justice System, 16 Queen's Law Journal3-32 (1991). Lecture by Judge Lilia Lopez, The Third Law and Policy Lecture Series organized by Portia Sorority and the Office of the Dean, Ambion Room, UP College of Law, August 28, 2002. Roundtable discussion with Judge Rosalina Pison, Project Guardian Angel Exploratory Meeting No.1, University of the Philippines College of Law September 19, 2002.
Roundtable discussion with Judge Rosalina Pison, Project Guardian Angel Exploratory Meeting No.2, University of the Philippines College of Law, November 6, 2002. PREDA Foundation, Inc., 'Human Rights and the Causes of Poverty in the Philippines: Country Report 2001 ' Available www,preda -org/research/. Judge Nimfa Vilches, 'Child Talk: The CASAGAL Volunteer Program' Available http://www.philpost.com/030202pages/chi1d0302.html.
African Network for the Prevention and Protection Against Child Abuse and Neglect' Available at http://www.anppcan.org/ _anppcan/deftext.htm. Balancing a child's emotional needs and a defendant's due process rights in sexual abuse cases' Available at httn:llwww.dcba.oreJbrief/ianissue/1998/arti0198.htm. Liza Hayes and Gay Pincus, 'The Child's Experience of the Legal System', available at www.aic.gov.au/proceedings/08/hayes.pdf.
Improving the experience of child witnesses and facilitating their testimony in criminal proceedings' Available http://. Adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders held in Milan from 26 to 6 August. Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990.
