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Court Procedures

For many children the legal proceedings involved in the commital of the offender may have a singularly traumatic effect (Burton 1969, p. 89).

In sex-offense cases - and especially when children are supposed to be the victims - it seems that the legal machinery has fallen back to a position where it is accepted that ordinary practice (where no one can be sentenced without guilt being confirmed beyond a reasonable doubt) no longer applies. Eriksson 1995 has shown this for Sweden.

Expert testimony

For small children, so-called "expert testimony" seems necessary to establish if there was sexual abuse. Horner et al. 1993 have tested such experts. The range of estimated likelihoods that the child had been molested was extreme among the expert respondents.

Quotes from literature

More traumatising

Even writers who strongly disapprove of sexual activities with children are nearly unanimous in their opinion that questioning by the police and in court, physical examination by police doctors, etc., are far more traumatising and inflict upon the boy far more lasting damage that whateveer may have happened in the secual field. The following list does not pretend to be complete; it cites just a few of the authors who have expressed this view:

In the English language: Anderson, Bender & Blau, Brunold, Burditt, Cohen, Farson, Finch, Gagnon & Simon, Gebhard, Geiser, Gibbens & Prince, Guttmacher, Henriquez, Joint Council of Teenagers, Kinsey, Landis, Linedecker, McCaghy, Mohr, Moody, NAMBLA, Nichols, Peters, Rush, Schofield, Schultz, B.Taylor, Turner, Walter, Weeks, West, Wilson & Cox, P. Wilson, The Wolfenden Committee.

In the French language: Aron & Kemfp, Boulin, Carpentier, Graven, Scherer.

In the German language: Albrecht, Baurmann, Behrend, Bennhold-Thomsen, Bleibtreu-Ehrenberg, Bornemann, Döring, Fisch,Frey, Geisler, Groffmann, Hanack, Herren, Hirschfeld, Jacobi, Kaiser, Kentler, Kerschner, Kilias, Körner, Lautmann, Leferenz, Lempp, Marbe, Mayer, Meinert, Messerer, Meyer, Mönkemöller, Müller-Hess, Müller-Lückmann, Nau, Schimmack, Schüler-Springorum, Siemens, Steinhilper, Stern, Störzer, Stutte, Vogel, Wyss.

In the Dutch language: Abspoel, Geradts, Hart de Ruyter, van der Kwast, de Leeuw-Aalbers, Möller, Pieterse, Rouweler-Wutz, Sandfort, Schwartz, Zeegers. (Brongersma,p.115)

Störzer 1978, p.104

Symptoms of psychological distress occasioned by judicial examination include, according to experts, displays of self-importance, inhibitions, timiditym shyness, bewilderment, anxiety, excitement, breakdown, attempted suicide. In one group of 33 children examined after police questioning by psychologists or psychiatirsts in order to test the veracity of their statements, 31 exhibited such symptoms. (Brongersma,p.120)

Gibbens & Prince

[] In another sample of sexually abused children, 56% of those who did not have to appear in court recovered quickly, in contrast to only 18% of those who were questioned by a judge. (Brongersma,p.120)

Körner

[Zeegers 1978, p.168] The psychiatrist Zeegers quoted his colleague Körner as saying, "We might well ask whether the real crime of child abuse is not committed in the courtroom." In 141 cases he examined, Körner found that in 10% the child had suffered physical or mental harm from the sexual activity - and in 29.2% harm had been inflicted by the interrogation. (Brongersma,p.120)

Rosenfeld 1979

 [1979] It is common clinical opinion that most court procedures used in incest cases in this country may be more harmful than the molestation itself. (Brongersma,p.133)