Child Witness Evidence: Challenges of Competency and Credibility
DOI:
https://doi.org/10.7492/m8typ617Abstract
Child witness evidence occupies a complex position in contemporary criminal adjudication because the reliability of children's accounts is influenced not only by legal standards but also by developmental, psychological, linguistic, and procedural factors. A child's ability to observe an event, encode it in memory, retain it, and subsequently communicate it to investigators and courts develops gradually and may be affected by trauma, stress, questioning techniques, environmental influences, and prolonged judicial proceedings. Therefore, the assessment of child evidence requires an interdisciplinary understanding of law and child development. The present paper examines the challenges of competency and credibility from perspectives that extend beyond conventional evidentiary principles. Particular attention is given to developmental psychology, memory formation, suggestibility, language limitations, trauma, delayed disclosure, pre-trial statements, procedural delays, digital environments, video-recorded testimony, expert assistance, and institutional mechanisms for protecting child witnesses. The study argues that credibility should not be assessed merely through adult expectations concerning consistency, emotional expression, or immediate disclosure. Children's responses to traumatic experiences can differ considerably according to age, cognitive development, relationship with the offender, and social environment. At the same time, child-sensitive procedures must not compromise the accused's right to a fair opportunity to challenge prosecution evidence. The study finds that a multidisciplinary and developmentally informed approach can improve both the accuracy of evidence and the protection of child witnesses. It concludes that strengthening professional training, reducing repeated questioning, improving early evidence-recording mechanisms, and developing scientifically informed assessment practices are essential for achieving a balanced child-centred justice system.


