CHILD victims in sex abuse cases should no longer be cross-examined in court or even have to attend to give evidence, a major legal conference will hear.
Scotland’s most senior judge Lord Carloway is expected to back calls for legal reform and the adoption of a Scandinavian model for trying child abuse cases which sees experts - rather than lawyers - taking evidence from children prior to any court case.
Event organisers Justice for Children (JfC), a coalition of children’s charities as well as the the Procurator Fiscal Services, say child victims and witnesses feel the experience of attending court can be “worse than the abuse itself”.
Read more: Children to be spared anguish of going to court
They also argue that the current system fails to deliver the best evidence from vulnerable witnesses.
Instead of being subjected to a system designed for adults, which imposes lengthy delays and stress, JfC believes the Barnahus model (Children’s House) used in Sweden and Iceland should be introduced here.
This sees children interviewed in specialist resource centres, by expert communicators who take impartial information on behalf of both the prosecution and defence team.
The process can be remotely observed to ensure fairness and is thought to reduce trauma and allow evidence to be gathered much closer to the reporting of a crime, reducing the impact of delays.
This allows children involved in abuse trials to recover sooner and reduces additional suffering, according to Alison Todd, chief executive of Children 1st, a JfC member.
Read more: Call for more help for vulnerable witnesses
She said: “Very often young victims tell us that the experience of going to court and being questioned about their experience is worse than the abuse itself, and can have long-lasting effects on their recovery and wellbeing.
“Other countries are significantly ahead in their consideration and treatment of child witnesses and the conference brings in experts from home and abroad to make the case for adopting a different approach.”
More than 2,500 sexual offences against children were reported in Scotland in 2015 and Ms Todd said the need for action was urgent.
She said: “The legal profession and the Scottish Government have carried out extensive research and are very supportive [but] it is time to implement significant change before any more children and young people are harmed by the very system intended to protect them.”
Lord Carloway is expected to talk about the case of Inverness nursery boss and child rapist Mark Maclennan whose appeal he rejected in December 2015, despite concerns about the evidence taken from very young children.
In his judgment of the case, Lord Carloway said the Scandinavian model might present a solution to problems caused by the effect of prolonged criminal proceedings on young witnesses.
Read more: Child abuse inquiry fundamentally tainted, say survivor groups
Justice Secretary Michael Matheson, who will also speak at the event at Tulliallan Police College, said “major strides” had been taken but more needed to be done to strengthen the rights of victims and witnesses.
He said: “Our recent programme for government included a commitment to work with partners to allow greater use of pre-recorded evidence to help child witnesses avoid the stress and anxiety of appearing in court.”
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