The legal system is responsible for the prosecution of an accused of sexual abuse of a child. The prosecution process is a complicated and an adult-orientated area. In South Africa sexual abuse of children is noticeably high. The sexual abuse of a child is traumatic and an intimidating experience for the child. The child is usually the only/main witness in a sexual abuse case. The child's testimony is the main aspect in the guilty ruling of an accused. Courts must apply special measures for child witnesses to testify optimally in court. Special measures include a court preparation process of the child witness. This study investigated the experience of the child witness of the court preparation process of Blue Downs court. The current programme was also described, and discussed in terms of current best practice programmes as described in literature. This study was based on a case study. The sexually abused child witness, the child's parent, the court preparation officer as well as the senior state prosecutor were interviewed. The most important findings of the study were that the court preparations process of Blue Downs court is successful and appropriated structured. The parent as well as the child experienced the programme as positive, and their anxiety levels were hereby lowered. A few training needs for court preparation officers, were identified. Court preparation processes need ongoing evaluation, to perform at its best and to be successfu1. Adjustments, such as more intensive training of the court preparation officers, are necessary to improve the process. / Thesis (M.A. (MW))--North-West University, Potchefstroom Campus, 2010.

The legal system is responsible for the prosecution of an accused of sexual abuse of a child. The prosecution process is a complicated and an adult-orientated area. In South Africa sexual abuse of children is noticeably high. The sexual abuse of a child is traumatic and an intimidating experience for the child. The child is usually the only/main witness in a sexual abuse case. The child's testimony is the main aspect in the guilty ruling of an accused. Courts must apply special measures for child witnesses to testify optimally in court. Special measures include a court preparation process of the child witness. This study investigated the experience of the child witness of the court preparation process of Blue Downs court. The current programme was also described, and discussed in terms of current best practice programmes as described in literature. This study was based on a case study. The sexually abused child witness, the child's parent, the court preparation officer as well as the senior state prosecutor were interviewed. The most important findings of the study were that the court preparations process of Blue Downs court is successful and appropriated structured. The parent as well as the child experienced the programme as positive, and their anxiety levels were hereby lowered. A few training needs for court preparation officers, were identified. Court preparation processes need ongoing evaluation, to perform at its best and to be successfu1. Adjustments, such as more intensive training of the court preparation officers, are necessary to improve the process. / Thesis (M.A. (MW))--North-West University, Potchefstroom Campus, 2010.

This research study explores the experiences of adolescent girls testifying in a criminal court in cases of sexual abuse and rape in South Africa. Private and public narratives, such as the participants’ experiences in court, the court support system and the court process, were reported using conversations, collages and written letters. These were interpreted from a narrative perspective, within a social constructionist paradigm. Social constructionism posits that all behaviour is understood within a social context and people create their reality and world through social interaction, which in this study is the legal system. Narratives are constructions of the experiences of the participants during the preparation and testifying process. Their stories reflect both positive and ambivalent experiences, such as fear and relief, joy and sadness. The most noteworthy findings of the research were the following: • Support from court personnel and NGOs is important for adolescents when they are testifying. • The friendly environment and activities of the NGO contrasts favourably with the cold and adult environment of the court in which the NGO is based. • The court preparation programme is essential to help adolescents cope when testifying in a criminal court through addressing fears such as seeing the accused in court, not understanding the proceedings, and having to address adults in court. • The National Prosecuting Authority seems to be taking child witnesses more seriously through collaboration with outside organisations. / Dissertation (MA (Counselling Psychology))--University of Pretoria, 2008. / Psychology / unrestricted

Encore à ce jour, l’idée de faire témoigner des enfants et adolescents à la Cour continue de faire couler beaucoup d’encre. L’état des connaissances au sujet des conséquences associées à l’implication judiciaire demeure fragmentaire. Les experts ne s’entendent pas. Certains estiment que le témoignage a la possibilité d’exacerber la détresse psychologique des jeunes, alors que d’autres considèrent le témoignage comme une possible expérience de réparation. Puisqu’il arrive des situations où certains enfants et adolescents sont dans l’obligation de témoigner, il importe de se pencher sur la meilleure manière de les accommoder. Peu d’auteurs ont documenté l’impact du témoignage sur la santé psychologique des témoins mineurs. Encore moins d’auteurs ont cherché à identifier les circonstances dans lesquelles les conséquences négatives liées au témoignage seraient amoindries. Sachant que l’expérience du témoignage comporte plusieurs défis pour les enfants, des programmes de préparation au témoignage, comme celui du Programme Enfant Témoin (PET) au Québec, ont été développés en Amérique du Nord. Dans l’idée de bien accompagner les jeunes et d’adapter ces programmes de préparation à leurs besoins, les craintes de ces derniers s’avèrent être une donnée essentielle. Ainsi, ce mémoire a pour objectif d’évaluer la nature des craintes des témoins mineurs et leur évolution en cours d’intervention, alors qu’ils bénéficient des services d’un programme de préparation à la Cour. Dans un premier temps, à l’aide d’un devis pré-expérimental, cette recherche documente les caractéristiques sociodémographiques d’enfants et adolescents référés au PET de même que leur expérience judiciaire. La nature et l’évolution du niveau de craintes sont ensuite comparées au début et à la fin de l’intervention. Finalement, les facteurs associés à la présence de craintes au moment du témoignage sont explorés. L’échantillon est constitué de 54 enfants et adolescents victimes d’acte criminels âgés entre 6 et 18 ans référés au programme de préparation PET (M = 12,91 ; É-T = 3,19). De ces 54 participants, 46 se sont présentés à la Cour et de ces 46 participants, 23 ont livré un témoignage. Chez les participants qui ont complété le questionnaire Mes craintes à l’idée d’aller témoigner avant et après l’intervention (n = 20), les résultats indiquent une diminution statistiquement significative du niveau de craintes après l’intervention. Deux variables ont été identifiées comme étant associées à la présence de craintes au matin du témoignage : 1) le score global de craintes obtenu avant l’intervention et 2) le fait que les enfants et adolescents bénéficient de services psychosociaux ou thérapeutiques au début du PET. Le présent mémoire contribue à documenter la réalité des enfants et adolescents qui ont à témoigner à la Cour du Québec, à mettre en lumière leurs craintes et à étudier le type d’apport d’un programme de préparation au témoignage. / Having children and youth to testify in court has been the subject of many discussions, but to this day, the scientific knowledge on the impacts of legal involvement remains fragmentary. There is no consensus among the scientific literature. Some believe that testifying has the potential to exacerbate the psychological distress of youth victims, while others view testifying as a possible restorative experience. Since there are situations where children and youth are required to testify, it is important to consider how best to accommodate them. Few authors have documented the impacts of legal procedures on the mental health of child and youth witnesses. Even fewer authors sought to identify the circumstances under which the adverse effects associated with testifying would be diminished. Since the experience of testifying presents many challenges for child and youth witnesses, court preparation programs such as the Programme Enfant Témoin (PET) have been developed in North America. Yet, to better support child and youth victims of violence and adapt these court preparation programs to their needs, examining their fears regarding court proceedings is a necessary exercise. Thus, the main objective of this Master’s thesis is to assess the nature of child and youth witnesses’ fears while they benefit from a court preparation program. First, using a pre-experimental model, this research assesses the sociodemographic characteristics of children and youth referred to the PET along with their experience with the justice system. The nature of the participants’ fears, as well as the evolution of their fear level throughout the program are then compared at two points in time. Finally, factors associated with the presence of fears at the time of testimony are explored. The sample consists of 54 child and youth victims of crime aged from 6 to 18 years old (M = 12.91 ; SD = 3.19). Of these 54 participants, 46 had to go to court and from these 46 participants, 23 took the stand. Among the participants who completed the questionnaire Mes craintes à l’idée d’aller témoigner at the beginning and end of the program (n = 20), the results indicate a statistically significant decrease in fear levels at the end of the program. Two variables were identified as partially predictive of having fears on the morning of the testimony : 1) the overall fear score obtained at the beginning of the program and 2) the fact that children and youth benefit from psychological or therapeutic services at the beginning of the PET. The results are discussion in relation to the reality of children and youth who have to testify in the Court of Québec, to highlight their fears and to appraise the contribution of court preparation programs.

Text in Afrikaans / This study is about the provision of a prototype court preparation programme for the primary school child that had been sexually assaulted. The programme is developed from a Gestalt approach. Literature regarding several existing court preparation programmes was studied and compared in order to identify certain themes for the child's preparation. Knowledge regarding the court, procedures and the functions of the various role players was conveyed to the child with emphasis on the child's role as witness. The research strategy utilised in the study was that of the intervention research and specifically the D&D-model that comprises six phases. The study incorporates the first three phases plus the first step of the fourth phase. Semi-structured interviews and focus groups were utilised to establish which themes could be addressed to support the child towards being a credible witness. These themes are summarised in the court preparation programme and are addressed from the Gestalt approach. / Social Work / M.Diac. (Spelterapie)

Text in Afrikaans / This study is about the provision of a prototype court preparation programme for the primary school child that had been sexually assaulted. The programme is developed from a Gestalt approach. Literature regarding several existing court preparation programmes was studied and compared in order to identify certain themes for the child's preparation. Knowledge regarding the court, procedures and the functions of the various role players was conveyed to the child with emphasis on the child's role as witness. The research strategy utilised in the study was that of the intervention research and specifically the D&D-model that comprises six phases. The study incorporates the first three phases plus the first step of the fourth phase. Semi-structured interviews and focus groups were utilised to establish which themes could be addressed to support the child towards being a credible witness. These themes are summarised in the court preparation programme and are addressed from the Gestalt approach. / Social Work / M.Diac. (Spelterapie)

This study concentrates on the development, implementation and evaluation of a research based training program for intermediaries in South African courts in order to improve the intermediary’s knowledge and understanding of the role and duties of an intermediary. The motivation for this study had its origin in the fact that the adversarial nature of court proceedings is a major stumbling block for the child witness. The research problem, namely that there is no national research based training program for intermediaries in South Africa, was discussed. Intervention research was used as research methodology and a two phase research approach was undertaken. A quantitative survey research design was used during the phases. The research question formulated for the first phase was: What are the duties and role of an intermediary? 54 magistrates and 34 prosecutors who attended four workshops, completed a self-structured questionnaire. This data complemented the literature study and both were used to compile a training program for intermediaries. The quantitative approach was also used for phase two of the study. A quasi-experimental one-group pretest-posttest design was used. An assessment by means of a questionnaire was done before the training program started and was repeated again after the presentation of the training program to determine the effectiveness of the program The research hypotheses that was formulated was: If an intermediary is trained according to a research-based training program, the intermediary’s knowledge of her role in assisting the child before and during the trial in a South African court will be improved. A five-day training program was implemented. The hypothesis was confirmed after the data had been analyzed and compared to the literature. In chapter two the legal system of South Africa, in respect to the child, was discussed and in chapters three, four and five all aspects of child development were discussed with specific emphasis on the child witness that needs to testify in a separate courtroom. Cognitive development and language development in the context of the child witness were discussed. This information was used to develop a training program. In chapter six the development of a training program was discussed with specific attention being given to outcomes based education. In chapter seven all the data that was collected was quantified, analyzed and interpreted. The conclusion could be drawn that the respondents did show improvement of their skills and knowledge of an intermediary, his/her duties and theoretical knowledge. They also showed that their practical skills had improved by attending the training program. The conclusion could therefore be made that the intermediary training program was successfully implemented and complied with the requirements of an outcomes based training program. The findings obtained indicate that trainers of intermediaries throughout South Africa can successfully apply the developed training program. Conclusions and recommendations (chapter 8) of this study are put forward in accordance with the process that was followed in developing and implementing the training program for intermediaries who are to assist children when testifying in a court. / Thesis (DPhil (Social Work))--University of Pretoria, 2006. / Social Work / unrestricted

The researcher identified in her work as a social worker that sexually abused adolescents experience difficulties with testifying in court. The goal of this research was directed at developing guidelines to assist adolescents who have to testify in court. The researcher utilised the qualitative research approach with an exploratory and descriptive nature. Semi-structured interviews were done with a sample of adolescents who have testified in court, a sample of parents or caregivers of adolescents who have testified in court and social workers working with adolescents who testify in court. These interviews were conducted to gain insight into how the research participants experienced the court process in order to formulate guidelines for adolescents who have to testify in court. The researcher concluded that adolescents experience testifying in court as negative. Guidelines were developed from the information obtained from the research participants to support adolescents who has to testify in court. / Social work / M.Diac. (Play therapy)

The researcher identified in her work as a social worker that sexually abused adolescents experience difficulties with testifying in court. The goal of this research was directed at developing guidelines to assist adolescents who have to testify in court. The researcher utilised the qualitative research approach with an exploratory and descriptive nature. Semi-structured interviews were done with a sample of adolescents who have testified in court, a sample of parents or caregivers of adolescents who have testified in court and social workers working with adolescents who testify in court. These interviews were conducted to gain insight into how the research participants experienced the court process in order to formulate guidelines for adolescents who have to testify in court. The researcher concluded that adolescents experience testifying in court as negative. Guidelines were developed from the information obtained from the research participants to support adolescents who has to testify in court. / Social work / M.Diac. (Play therapy)