© koninklijke brill nv, leiden, 2017 | doi 10.1163/15718182-02503002
international journal of children’s rights
25 (2017) 599-621
brill.com/chil
THE INTERNATIONAL
JOURNAL OF
CHILDREN’S RIGHTS
Delaying Pre-trial Therapy to Child Victims of
Sexual Abuse: An Unfounded Prevailing Culture in
South Africa?
Daniël F. Fouché
Vaal University of Technology, South Africa
danielf@vut.ac.za
Ansie Fouché
North-West University, Optentia, South Africa
Ansie.Fouche@nwu.ac.za
Abstract
Due to the statutory obligation to report child sexual abuse to the authorities, children
in South Africa are increasingly called to testify in criminal proceedings. A recent
qualitative study found that South African parents and social workers are often ad-
vised by legal professionals to postpone pre-trial therapy (therapy provided to child
witnesses prior to testimony) until after the child’s testimony, based on concerns that
therapy could contaminate the child’s version of events, and might ultimately lead
to an acquittal of the accused. In this study, the authors analysed selected authorita-
tive documents to explore whether or not any directives exist in respect of the provi-
sion of pre-trial therapy to child victims of sexual abuse in South Africa. Our findings
suggest that none of the authoritative documents included in our document review
specifically mention the rendering of pre-trial therapy to child victims of sexual abuse.
Recommendations for policy reform and research are made.
Keywords
child sexual abuse – pre-trial therapy – best interests of the child
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