Legal assistance
Children who have been involved in sexual exploitation or trafficked for sexual purposes may require legal assistance. Children should be aware and informed of their legal rights as soon as they are identified.
Interviewing
Once identified, children will often be interviewed on multiple occasions by various agencies and in a range of locations. If the case reaches court, this process of questioning can take place over a long period of time from months to years. The continual questioning and re-telling of a child's story - that is sometimes not believed - can be traumatic for the child and undo any good work that has been done during recovery (see further information on interviewing the child)
Children as witnesses
Children may be involved with the law as a victim but also as a witness if the case comes to court and they agree to testify. In such instances, the child will need further information and enhanced protection. This may involve witness protection programmes for the child and family as well as special measures in the courtroom. The child's privacy should be maintained throughout the trial and the child should not have to directly face the perpetrators in a courtroom. In some cases it may be appropriate for the child to give evidence from a different location via a videolink or earlier interviews could be taped and used as evidence so the child does not have to appear in court. If the child's presence is necessary it may be beneficial to use a less formal setting and ensure the child does not undergo traumatic cross-examination.
Training of the judiciary, law enforcement and lawyers may go some way to ensure the rights of the child are not violated during the legal process.
As victims of a crime, children who have been exploited should be able to receive reparation including compensation and damages.
Key texts:
- Preventing and combating the trafficking of girls in India using legal empowerment strategies - evaluation report: Vardhani R. Pramod and Sabrina Liberalato for IDLO Monitoring and Evaluation Unit, 2011
- Special considerations relating to the protection of child witnesses: Tool 5.19 in Tookit to Combat Trafficking in Persons: UNODC
- Guidelines of the Committee of Ministers of the Council of Europe on child friendly justice: Council of Europe, 2010
Key websites:
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