Even if the norms provide that a child victim must be questioned in the presence of a psychologist or pedagogue, they do not stipulate how. A number of judges and prosecution officers who were interviewed within a study said that the courts do not have psychologists or pedagogues. Those questioned pointed to the necessity of such specialists, even with a partial work program, IPN reports.
The study “Child victims of offenses and legal procedures: case of the Republic of Moldova” was launched by the National Center for Child Abuse Prevention. The authors ascertained that many of the psychologists and pedagogues involved in the questioning of child victims are employees of education institutions and the hearings are often postponed because the work programs coincide.
A problem highlighted by the study is the presence of the child before the offender. The judge cannot prevent the offenders from defending himself by answering questions, but can order removing the offender from the courtroom at the request of the child victim. Under the national legislation, the child victim is not provided with a lawyer free of charge. This happens only when the victim’s family does not have money to hire a lawyer.
The authors of the study formulated a series of recommendations for improving the questioning of child victims of offenses and for making the legal system more child-friendly. They refer to the room for questioning children and the specialization of the psychologists and pedagogues.
The study was conducted with the support of the United States Agency for International Development within the Moldova Civil Society Strengthening program that is implemented by FHI360. Carried out during November – December 2012, the study covered 306 prosecution officers, prosecutors and judges. There were held 11 private interviews with representatives of public authorities and law bodies and analyzed 10 case studies about child victims of offenses.
