Landdroste en staatsaanklaers se spesifieke kennisbasis van die kind as getuie in die hof : 'n maatskaplikewekondersoek

Abstract

The sexual abuse of children is becoming an increased tendency in South Africa. Sexual abuse of children is therefore one of the most difficult issues to prove in a court of law because there are usually only two witnesses: the child and the alleged offender. The child’s testimony is the most important and most often the only evidence of a crime that has been committed. The overwhelming result of sexual abuse in children is the experience of loss and powerlessness. The judicial process can aggravate the child’s feeling of loss and helplessness or be part of the healing process by empowering his/her self-esteem. The trial allows the child the opportunity to experience that justice had been served, but this can only happen when the child has been supported during the court procedure and treated with respect and dignity. Public prosecutors are the people who represent the complainant’s case in court on behalf of the State. It is therefor of utmost importance that public prosecutors and magistrates dispose of the necessary knowledge of the child as witness in court to ensure that the course of the legal process is in the best interest of the child. The foundings of this study proved that the knowledge base of public prosecutors and magistrates inadequate is in many ways. Recommendations were made in anticipation of an improved knowledge base for public prosecutors and magistrates.