À propos de la parole de l'enfant : éléments de réflexion dans le contexte d'expertise psychiatrique pénale

Abstract

The author, a pedopsychiatrist, deals with penal evaluation of minors victims of sexual assault. She recommends emphasizing the circumstances of the revelations and the analysis of the family context at the time of the child's revelations including the description and the analysis of the phenomenon of ascendancy exerted by the attacker on the victim, the study of the report of the victim's hearing and the study of the videotape of the hearing. The selection of the expert is done at the beginning of the proceedings by the prosecution or later by the examining judge. The expert should give a clinical description of the psychological impact of the sexual assault on the child, emphasizing the victim's post-traumatic pathology and its emotional experience. The expert should avoid giving his opinion on the child's credibility but should indicate the criteria which validate his/her testimony. A family evaluation should be made in case of violence within the family. The author notes the interest of a multi-disciplinary evaluation by two persons conducted in a Forensic Unit.