Anticipated Taking of Evidence in Sexual Offenses Against Children and Adolescents

Abstract

This study examines the adequacy and necessity of the anticipated taking of evidence through the use of specialized child interviews in cases of sexual offenses committed against children and adolescents. It initially highlights the importance of victim testimony as a key evidentiary element and addresses the issues arising from delayed evidence collection. The article also discusses the revictimization of children and adolescents subjected to repeated questioning, often conducted by non-specialized professionals without due regard for the technical requirements inherent in interviewing minors. Additionally, it outlines different modalities of technical intervention involving minor victims of sexual offenses. The study further addresses, in brief, the transitory nature of memory as a critical factor requiring the prompt collection of oral evidence, including the legal requirements for the anticipatory taking of evidence, supported by extensive case law. Finally, it presents different methods of specialized victim testimony, with reference to international experiences in this field.