The Experiences of Young Complainant Witnesses in Criminal Court Trials for Sexual Offences

Abstract

For effective provision of justice it is important that young witnesses are involved in criminal trials, yet participation may be detrimental to their well-being and presents challenges for gaining full and accurate evidence from them. Innovations in court processes intended to support the well-being of young witnesses should, amongst other considerations, be informed by the perspectives and experiences of those whom they are intended to assist. The participants in the current study consisted of young complainant witnesses who were involved in criminal court trials for sexual offences, along with their parents or caregivers. Semi-structured interviews with individual participants were conducted. Audio recordings of interviews were then transcribed and analysed using thematic analysis. Nine themes were identified in the data: (1) pre-trial delay makes everything worse, (2) uncertainty is difficult and being prepared is important, (3) cross-examination is stressful, (4) having a voice is a positive aspect of the trial, (5) the possibility of seeing the defendant is stressful, (6) for parents, putting on a brave face and being a supporter is challenging, (7) young witnesses feel exposed by the court process and family members feel exposed to details of the offending, (8) support is critical, and (9) families place importance on the verdict and sentencing. The findings are considered within the New Zealand context as well as other jurisdictions, and recommendations are made.