Behavioral Sciences and the Law
Volume 34, Issue 1, 2016, Pages 218-233

Legal Assessments of Child Victims of Human Trafficking for Sexual Purposes (Article)

Lindholm J. , Cederborg A.-C.*
  • a [Affiliation not available]
  • b Department of Child and Youth Studies, Stockholm University, Stockholm, Sweden

Abstract

The present study investigated how Swedish district court judges assessed child victims' credibility and the reliability of their testimony in cases of alleged human trafficking for sexual purposes. Court files from 12 different cases, involving 16 alleged child victims (aged 13-17 years old), all of them girls, were qualitatively analyzed with particular attention paid to how the judges described credibility and reliability. Results indicated that, although the judges' assessments to a large extent were based on the Swedish Supreme Court's criteria for credibility and reliability, they were applied somewhat arbitrarily and subjectively. They were also applied as if obvious and grounded on shared experiences, although their meaning was never explored. The way that credibility was assessed may also reinforce gender and victim stereotypes. Moreover, there seems to exist a confusion surrounding the credibility and reliability concepts, as they were sometimes used interchangeably despite the intention that they are two different assessments. Overall, an apparent need exists to increase judges' awareness that their subjective impressions should decrease when legitimizing judicial decisions. © 2016 John Wiley & Sons, Ltd.

Author Keywords

[No Keywords available]

Index Keywords

Child Abuse, Sexual witness girl human stereotypy expert witness Expert Testimony Sweden Humans psychology Adolescent male female reliability reproducibility Reproducibility of Results clinical article victim child sexual abuse human trafficking legislation and jurisprudence awareness gender court crime victim Crime Victims Child

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-84961282264&doi=10.1002%2fbsl.2228&partnerID=40&md5=769bc95ddbc504b1f2a3fd1a91620650

DOI: 10.1002/bsl.2228
ISSN: 07353936
Cited by: 1
Original Language: English