The Particularities in Proving Child Sexual Abuse

Abstract

Sexual violence against children is a problem of society and of individuals. In spite of modern society's growing sensitivity to child sexual abuse, children are still often victims of such criminal offenses. Stereotypes and myths concerning sexual abuse of children that tend to alleviate offenders' responsibility while placing the blame on the victim still play an important role as well as obstruct adequate evidence detection and collection. This article is based on research on child sexual abuse in Slovenia. The data were collected by reviewing police, prosecution and court records for the year 2003, and focus group interviews conducted with prosecutors and criminal investigators of child sexual abuse. The study limitations were mainly the lack of data in some police, prosecution and court records and the absence of judges in the focus group interview.

In criminal proceedings, it is important to determine the credibility of the victim's testimony because in most cases material evidence is not present. The reasons for a lack of evidence lie primarily in the fact that such offenses are not reported immediately after the abuse and that a great majority of them occur within closed domestic settings, which additionally obstruct evidence detection and collection. However, the research indicated that the solid expertise and expert witness testimony in court did prove to bear important impacts on the trial outcome, especially in cases where no other evidence is available and when it is necessary to determine whether the child was sexually abused or not. Also important is the persistence of judges, as they have the responsibility to examine the various opinions of experts, victims, defendants, and others, and to provide a high quality service even in cases that last for a number of years.