Citation

Levine M, Battistoni L. Behav. Sci. Law 1991; 9(1): 3-20.

Copyright

(Copyright © 1991, John Wiley and Sons)

DOI

10.1002/bsl.2370090103

PMID

unavailable

Abstract

The sharp rise in reports of child abuse has led to efforts to protect children in family courts in child protective proceedings. Hearsay evidence of a child's prior statements may be admitted in child protective proceedings, but such evidence is legally insufficient to support an adjudication of abuse without corroborative evidence. Courts have admitted expert psychological, psychiatric or social work testimony about the child sex abuse syndrome as sufficient corroborative evidence. The testimony is called "validation" testimony. The scientific basis for such validation testimony in the absence of a disclosure by the child is very weak. Courts have also tended to accept the most minimal evidence as corroboration of the child's out-of-court statements, including other hearsay evidence. The socially valuable policy of protecting children by admitting weak evidence, such as validation testimony, or other hearsay, should be reviewed to ensure the evidence meets criteria of reliability in order to minimize erroneous determinations.

Language: en