An examination of implementation of special measures in child sexual assault trials and the problems that arise

Abstract

ABSTRACT Giving evidence from the witness stand is often distressing for complainants of child sexual abuse. Technology-based special measures (eg, CCTV/AV link) enable complainants to give evidence from a location outside the courtroom, making the process less intimidating for complainants, which in turn enhances the quality of their evidence. Although the implementation of these measures has increased in prevalence over the preceding decades, little is known about the frequency and nature of problems that arise when special measures are utilised. In this study, we systematically coded transcripts from Australian child sexual assault trials to examine how (if at all) the implementation of special measures varied across child, adolescent and adult complainants. We also explored how often problems arose when special measures were used, and the nature of these problems. Our findings revealed that technology-based measures were regularly used for complainants in all age groups, but problems using these measures arose in the majority of trials. These results highlight the need for adequate training of professionals who are involved in operating special measures, as well as the need to outfit courts with appropriate equipment and facilities.