An Inquiry on Credibility Assessment of Child Victims of Sexual,abuse in Kenyan Courts

Abstract

Sexually abused children suffer trauma and may develop various coping mechanisms. While some retreat and clearly display signs of trauma, others learn to hide the trauma by developing a "thick skin. " The various coping mechanism are displayed in court when the child victim of sexual abuse (CVSA) takes the witness stand in the quest for justice; this, compounded with the children's susceptibility to coaching and their evolving capacities to comprehend certain matters, may make them seem as though they are weaving stories against the accused. The court is at task to assess the child's credibility given the seriousness of the allegation and the penalty that a conviction attracts. Although Kenyan courts are given discretion to assess credibility of CVSAs, there are no guidelines on how this is to be done. This leaves the interpretation of CVSA credibility to the subjective standard of the trial court; this may compromise the best interest of the Child. Therefore, this Study seeks to investigate the assessment of credibility of CVSAs by Kenyan courts with a view of establishing how this is safeguarded within the legal framework. This is discussed in the context of supporting best interests ofCVSAs within their quest for justice. The Study discusses the challenges a CVSA faces as a witness in his/her own case before their testimony can be taken as credible. This is done by employing a qualitative approach to purposively seek views on credibility assessment from magistrates handling CVSAs in different counties in Kenya. The Study also explores the international legal framework that exists to uphold the best interest of CVSAs during credibility assessment. This is further discussed within the Kenyan context analysing how the constitution and other laws seek to protect and promote rights of CVSAs as vulnerable members of the society. The study reveals that the existing legal framework does not give Kenyan courts clear child-centred guidelines for assessing credibility of CVSAs. The practise is that credibility is inter-changed-with competency test which often fails to take into account the evolving capacities of the child. From a

child protection perspective, the study recommends the support to CVSAs during credibility assessment by adoption of a standard evidence-based tool for questioning like the ten-step child forensic interview. A multi-sectoral approach is also proposed to aid the court in assessing the credibility ofCVSA testimony.