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The law of evidence relating to child victims of sexual abuse Ball, Wendy

By: Material type: ArticleArticlePublication details: Hamilton University of Waikato School of Law 1995Description: computer file : World Wide WebISSN:
  • 1172-9597
Online resources: In: Waikato Law Review 3 1995 : 63-82Summary: This article examines the evidence of children as witnesses in child sexual abuse cases under the reforms of the Evidence Amendment Act (1989). It analyses the tests of competency applied to child witnesses, and the use of specialised interviewers for videotaped evidence. A discussion is provided on the credibility of children as witnesses and their testimony. It considers the evidence of child psychologists that children are no more likely to lie than adults, in comparison to popular myths used in defence cases that children are prone to lying. The author concludes that the reforms of the Evidence Amendment Act do not go far enough in protecting children.
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This article examines the evidence of children as witnesses in child sexual abuse cases under the reforms of the Evidence Amendment Act (1989). It analyses the tests of competency applied to child witnesses, and the use of specialised interviewers for videotaped evidence. A discussion is provided on the credibility of children as witnesses and their testimony. It considers the evidence of child psychologists that children are no more likely to lie than adults, in comparison to popular myths used in defence cases that children are prone to lying. The author concludes that the reforms of the Evidence Amendment Act do not go far enough in protecting children.

Waikato Law Review 3 1995 : 63-82