Sexual abuse is a crime which rarely has witnesses and, therefore, proving such offences is largely based on the testimony of the victims involved when no physical evidence is available to unequivocally document it. As a result, the testimony of the victim in such cases is the only basis on which a judge should make his decisions. Studies carried out on the testimony of children have shown the difficulties which arise when the minor is both victim and witness. Research studies conducted on child abuse recall, once again, the need for reflection on the manner in which the hearing of children’s accounts should be carried out in light of their suggestibility. Questions which are suggestive in nature act to affirm more than what they ask and may lead the witness to confirm the elements of the question put forth. If the witness is a child, it is possible for an adult to insert information into the youngster’s memory, thus incorporating it into his recollection of events, or substituting the original memory with it.The aim of this study is to verify the memory capacity in school age children (ages 6 to 9 years) through involvement in play activities carried out in a classroom setting, followed by individual interviews focusing on their views of what had transpired. Several factors which are able to influence the ability to remember were analyzed: age; role performed during the play activity; whether the participants played an active role, or merely observed; and the influence of troubling factors, such as confusion or stress.The results show the complex interactions among the multiple factors investigated in this study. They highlight the importance of examining all elements which may potentially come into play when interviewing a child and to understanding his or her suitability to give testimony. The data which have emerged from our analysis confirm the assumption that children may be reliable witnesses only if they are heard utilizing correct methodology based on the use of questions which are non-suggestive, and as non-leading as possible, so as to allow the child to recount the events in a manner as free and spontaneous as possible.

“Ingresso nei ricordi” Una ricerca sulla suggestionabilità dei bambini

GRATTAGLIANO, IGNAZIO;CARABELLESE, Felice Francesco;CATANESI, Roberto
2010-01-01

Abstract

Sexual abuse is a crime which rarely has witnesses and, therefore, proving such offences is largely based on the testimony of the victims involved when no physical evidence is available to unequivocally document it. As a result, the testimony of the victim in such cases is the only basis on which a judge should make his decisions. Studies carried out on the testimony of children have shown the difficulties which arise when the minor is both victim and witness. Research studies conducted on child abuse recall, once again, the need for reflection on the manner in which the hearing of children’s accounts should be carried out in light of their suggestibility. Questions which are suggestive in nature act to affirm more than what they ask and may lead the witness to confirm the elements of the question put forth. If the witness is a child, it is possible for an adult to insert information into the youngster’s memory, thus incorporating it into his recollection of events, or substituting the original memory with it.The aim of this study is to verify the memory capacity in school age children (ages 6 to 9 years) through involvement in play activities carried out in a classroom setting, followed by individual interviews focusing on their views of what had transpired. Several factors which are able to influence the ability to remember were analyzed: age; role performed during the play activity; whether the participants played an active role, or merely observed; and the influence of troubling factors, such as confusion or stress.The results show the complex interactions among the multiple factors investigated in this study. They highlight the importance of examining all elements which may potentially come into play when interviewing a child and to understanding his or her suitability to give testimony. The data which have emerged from our analysis confirm the assumption that children may be reliable witnesses only if they are heard utilizing correct methodology based on the use of questions which are non-suggestive, and as non-leading as possible, so as to allow the child to recount the events in a manner as free and spontaneous as possible.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11586/49212
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