Preventing Child Abuse in the Courtroom: Evidence on Commission.

This article stresses the need for criminal courts to consider the vulnerability of child abuse victims and witnesses during trials. It is without question that child abuse must be confronted. It is confronted in part through the criminal courts, although some would say the answer to the problem is through treatment rather than punishment. Whatever one's views on that point, most would agree that if there is to be a criminal trials, that trial should be a fair one. What constitutes fairness or justice, however, often varies depending on the individual's perspective and position in the court process. It is essential that defendants have an opportunity to test the prosecution evidence through the cross-examination of witnesses. It is equally essential that child victims and witnesses in child abuse trials are enabled to give their evidence. The balance of fairness is heavily weighted against the more vulnerable child witnesses. In general, a route to fairness is to treat everyone the same. This works as a method when dealing with a broadly homogeneous group. But abused children are not a homogeneous group. They vary immensely because of their different ages and because of the trauma they have suffered through abuse.