Recently an attorney at Northwestern University’s clinical program, who does an excellent job of representing parents charged with abuse, wrote an article in the Tribune arguing that the statements of children who allege sexual abuse should be videotaped (“Videotaping is the way to go for children alleging abuse,” Commentary, June 9). If he had written the same article about adult women who had been sexually assaulted, feminists would be barricading the Tribune Tower–and rightfully so.
Children who finally muster the courage to report that they have been sexually abused by the adults who are supposed to be taking care of them routinely are portrayed as liars and treacherous human beings. The legal system continually favors big people over little people.
The Northwestern lawyer has taken a reasonable argument–that adults and children who are charged with crimes should have their confessions videotaped–and has given it a skillful twist. Now sexually victimized children should have their statements videotaped as well, treating child victims like the criminals. For years, those on the edge have argued that many who commit violent crimes are victims. With the present argument, the victim becomes the criminal. Actually worse. Criminals have the right to an attorney and to remain silent.
From his viewpoint, and from that of all criminal defense attorneys, the defense bar will be given one more weapon to use against child victims.
The lawyer who wrote the article referred to the new multi-million-dollar, state-of-the-art Children’s Advocacy Center due to open in November. He implied that only the state’s attorney’s office was against videotaping victims at this new facility. In fact, with the exception of the criminal defense bar, the experts were unanimous that child victims should not be videotaped.
I would agree that small children, ages 2, 3 and 4, could have their statements videotaped because they are incapable of logically and rationally articulating what occurred. But if a victim is old enough to be cross-examined, she or he is old enough to be treated like any other complaining witness. And that means no videotaping.
Children sexually abused by adults have been victimized enough. We need not give their inquisitors any more tools to prolong their torture.
