Child Sexual Abuse and Presumption of Innocence

Silviu Stefan Petriman ()
Additional contact information
Silviu Stefan Petriman: Bucharest Bar, Bucharest, Romania

Proceedings of the 17th International RAIS Conference, June 1-2, 2020 from Research Association for Interdisciplinary Studies

Abstract: Child abuse, especially sexual abuse, is regulated by both national and European rules, just as the presumption of innocence is regulated. Minors, being the weak part, need support from the authorities, as the European Court of Human Rights has recommended in cases involving minors, cases that we will refer to throughout this article. On the other hand, the presumption of innocence must not be disregarded, precisely because the latter is a guarantee against arbitrariness. The difficulty of reconciling these notions is also given by the fact that in certain situations of abuse there is no direct evidence to scientifically establish such a fact. Până la rămânerea definitivă a hotărârii judecătorești, prin care este stabilită vinovăția sau nevinovăția inculpatului, legea prevede și posibilitatea luării unor măsuri preventive, care pot fi restrictive sau privative de libertate. Another aspect is represented by the psychology of the minor in his reports, taking into account his age, the education received, especially sex education, given the access to technology existing today among minors, as well as the accuracy of statements and last but not least, the degree contamination of statements by suggestibility. During the criminal process, until the final decision of the court is a difficult road, in which the judiciary, lawyers and psychologists have a difficult mission in finding out the truth, to bring to justice the guilty and if there is no guilt to order the acquittal of the innocent.

Keywords: minor; presumption of innocence; sexual abuse; impartiality; criminal trial; sex education (search for similar items in EconPapers)
Pages: 4 pages
Date: 2020-06
New Economics Papers: this item is included in nep-law
References: View complete reference list from CitEc
Citations:

Published in Proceedings of the 17th International RAIS Conference on Social Sciences and Humanities, June 1-2, 2020, pages 307-310

Downloads: (external link)
http://rais.education/wp-content/uploads/2020/06/043SSP.pdf Full text (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:smo:spaper:043ssp

Access Statistics for this paper

More papers in Proceedings of the 17th International RAIS Conference, June 1-2, 2020 from Research Association for Interdisciplinary Studies
Bibliographic data for series maintained by Eduard David ().