IMPACT OF FORENSIC PATHOLOGY ON CHILD PROTECTION ISSUES BY - MR. KAPIL BHATI & DR. AVNISH SINGH
IMPACT OF
FORENSIC PATHOLOGY ON CHILD PROTECTION ISSUES
AUTHORED BY
- MR. KAPIL BHATI
Doctoral Research Scholar, School of
Law,
Bennett University (The Times Group),
Greater Noida, Delhi (NCR), India.
CO-AUTHOR -
DR. AVNISH SINGH
Assistant Professor, School of Law,
Bennett University (The Times Group),
Greater Noida, Delhi (NCR), India.
Abstract
Children are the most vulnerable
members of society, facing various issues related to health, education, and
child sexual abuse. Despite efforts to address these concerns, many cases go
unreported and untreated. Forensic psychologists play a vital role in
addressing child-related issues, particularly in cases of child sexual abuse.
Their expertise is crucial in investigating these cases, providing
intervention, and ensuring justice for victims. While there is a growing body
of research on child sexual abuse, there is a need for more comprehensive
studies on the role of forensic psychologists in addressing child-related
issues. The role of forensic psychologists in child sexual abuse cases, child
rights when testifying, and child custody and related issues. Study highlights
the importance of forensic psychologists in investigating child sexual abuse
cases, providing intervention, and ensuring justice for victims. It also
emphasizes the need for protecting child rights when testifying and ensuring
their best interests in child custody cases. Significant implications for
policymakers, legal professionals, and mental health practitioners. It
highlights the need for comprehensive policies and procedures to address
child-related issues and ensure the protection and well-being of children.
Keywords: Forensic Psychology, Child Sexual
Abuse, Child Rights, Child Custody, Mental Health, Justice, Vulnerable
Populations.
1.
Introduction
Since the dawn of civilization,
children have been the most vulnerable segments of society, suffering from a various
issue. Many types of concerns connected to health, education, and child sexual
abuse exist in society, but the majority of them are not reported or addressed.
Child sexual abuse has been a worldwide occurrence since time immemorial. It is
a challenging goal for good governance to safeguard the safety of children and
to provide justice to victims of sexual assault. Many cases go unreported for a
variety of socio-cultural and economic reasons. These are widespread
difficulties that impact children of all ages, genders, nationalities, and
socioeconomic backgrounds. The United Nations Convention on the Rights of the
Child establishes rules for promoting and protecting children's health,
well-being, education, and safety around the world[1].
However, these difficulties raise significant concerns and continue to offer a
prolonged threat to the legal system, sometimes going unreported[2].
To address the challenges of child
related concerns, forensic psychologists play a vital role in establishing
child-related protection systems. In this framework, the role of a forensic
psychologist is to protect children from all societal evils, including
criminality. Despite numerous goals to improve children's welfare, current
government institutions have failed to address the different needs and concerns
of children. A forensic psychologist could protect a substantial number of
children from serious harm.
For example, in the case of a child,
if the mother knows the father is a drug addict but is unable to prove it in
court, a forensic psychologist could do this job very efficiently and
effectively in a court of law, by testing, investigating, interviewing,
carrying out case analysis, and so on, to prove to the court the child's
father's addiction. The court also considers the report and the forensic
psychologist's professional opinion. This article discusses the role of
forensic psychologists in numerous child-related concerns. Will discuss the
function of forensic psychologists in child sexual abuse cases, child rights
when testifying, and child custody and related issues.
2.
Nature and Prevalence of Child
Sexual Abuse
Child sexual abuse poses a global challenge before law
enforcement apparatus, and most prevalent health problems having a serious
array of consequences. A total of
1,62,449 cases of crime against children were registered during year 2022,
showing an increase of 8.7% over 2021.Statistics suggests that one in ten
children suffers from sexual abuse before attaining the age of 18 years. About
one in 7 girls and one among 25 boys have faced sexual exploitation before
reaching to adulthood. Crimes against children during 2021 were kidnapping
& Abduction (45.7%) and Protection of Children from Sexual Offences Act,
2012 (39.7%) including Child Rape. Approximately 90% cases of CSA, the abusers
were known to the survivors, 30% abusers were family members, and 60% children
were abused by persons having the trust of child’s family. In India, 41%
population were below 18 years in 2001. National Crime Record Bureau of India
has reported that 445 million persons are below 18 years constituting nearly
31.8% of the total populace of India[3].
Statistics on child sexual abuse are
varied since reporting is not very encouraging because of various compelling
factors. During 2018, 39,827 cases were reported under the POCSO Act, 2012 with
8.9% annual increment comparing to the preceding year, constituting 34.7% of
total crime against children. In 13587 cases, minor girls were kidnapped for
compelled marriages [4].
3.
Child Sexual Abuse and Role of Forensic Psychologist
Forensic psychologist in the context
of child sexual abuse. India has the world's highest number of child sexual assault
cases. Every 155 minutes, a child under the age of 16 is raped, every 13 hours,
a child under the age of 10, and one out of every ten children is sexually
assaulted at any one moment. In 2019, there were 1,48,185 occurrences of crime
against children, a 4.5% rise from the previous year (1,41,764). Kidnapping and
Abduction (46.6%) and Protection of Children from Sexual Offences Act, 2012
(35.3%), including child rape, were the two most common crime types under
'Crime Against Children' in 2019 [5]. Compared
to 31.8 in 2018, the registered crime rate per lakh children is 33.2 in 2019.
Since child sexual abuse is a severe issue, forensic psychologists may be able
to help identify it and offer appropriate intervention.
There are differences among legal,
clinical, and scientific definitions of child sexual abuse. The victimization
of a young individual by peers of the same age is referred to as child sexual
abuse in clinical and research contexts. However, this refers to sexual assault
in legal sense. Similarly, from a therapeutic and scientific perspective, when
an adult stranger or non-family member abuses a minor, it is deemed sexual
abuse; nevertheless, from a legal perspective, it is regarded sexual assault.
Function of a forensic psychologist
in this situation, let's examine what child sexual abuse is. Sexual activities
between a minor and an adult (more than five years of age difference) are
considered child sexual abuse. In this situation, the elder person controls,
takes advantage of, or even coerces the younger person (kid or youth). Both
exposure and touch, such sexual contact, can be involved. Genital exposure,
voyeurism, exposing a child to pornographic content, and having a child undress
or masturbate are examples of non-contact offenses. Oral sex, genital touching,
and digital, object, or penile penetration (vaginal or anal) are examples of
contact offenses[6].
According to the World Health
Organization, child sexual abuse occurs when a child engages in sexual activity
that they do not fully understand, cannot consent to because they are not yet
developmentally ready, or that contravenes social norms or legal requirements[7].
In response to child sexual abuse,
the Indian government has implemented a number of legal measures and passed a
special law known as the Protection of Children from Sexual Offences (POCSO)
Act 2012, which is a comprehensive law that protects children from sexual
assault, sexual harassment, and pornography. Despite all of this, child sexual
abuse still occurs.
All racial, cultural, and ethnic
groups, castes, classes, and financial levels are affected by sexual abuse.
Many of these child abuse cases are identified by the child's own account and
reporting, physical and medical proof, and changes in the youngster's behavior
and emotions. Documenting abuse and catching and punishing the offenders are
made easier with the use of forensic interviews.
Sexual abuse can have different effects on
different children. Both internalizing and externalizing symptoms are possible.
The latter encompasses delinquency, substance misuse, inappropriate sexual
behavior, and so on, whereas the former covers sadness, anxiety, and so forth.
Some people could have severe symptoms and need medical attention.
3.1.Child Rights as Framework for School
Psychology
A common dedication to advancing and
protecting children's rights via advocacy and practice is demonstrated by
professional standards and adherence to the Convention on the Rights of the
Child. However, the standards' vagueness about children's rights is restrictive
comprehension and application. To properly comprehend the significance of child
rights in school psychology, more specific guidelines are required[8].
A forensic psychologist's function in
relation to child sexual abuse. Standards may need to be updated to incorporate
more precise references and concerns pertaining to the articles of the
Convention on the Rights of the Child in order to better conform to it. The
Convention on the Rights of the Child can also serve as a guide for school psychologists'
professional development, research, practice, and ethical decisions.
Professional standards can be understood and applied with guidance from the
convention on the Rights of the Child.
When someone is accused of committing
a crime against a child, a forensic psychologist conducts a comprehensive
investigation that includes background checks, testing, interviews, and more.
To learn the child's account of the sexual assault and the emotional disturbance
they are experiencing, they also perform a thorough interview employing play,
sketching, painting, the anatomic doll, cognitive questioning, etc. All of the
information gathered is carefully examined, and the court is given the expert's
(forensic psychologist's) viewpoint. If found guilty, the offender is punished
by the prosecuting attorney. Otherwise, they might also be cleared[9].
Furthermore, externalizing issues
like self-abusive behaviors exist. Additionally, some kids abuse drugs and
become delinquents. In addition to focusing more on their bodily parts and
feeling self-conscious about them, most kids struggle in school, have trouble
focusing, and have interpersonal interaction issues. Many kids also have a
strong interest in sex, engage in more sexual activities, play sexually too
soon, and even act out sexually toward peers and adults.
Anxiety, sadness, suicidal thoughts,
low self-esteem, substance misuse, sexual dysfunction, and other issues are
some of the possible long-term consequences of sexual abuse. Additionally, they
are more vulnerable to sexual assault, meaning they could experience sexual
abuse and assault again. It is often known that sexual abuse has an impact on
the entire family because it causes stress, guilt, and strained parent-child
relationships in addition to the parents. In children who have experienced
sexual abuse, additional symptoms like wrath, dread of the unknown, guilt, high
levels of tension, impatience, and aggression are frequently observed[10]. Parents frequently express hatred toward their
children, which adds to the victims' suffering, worry, and sense of
abandonment.
Psychological tests are administered
by the forensic psychologists to highlight the child's personality qualities
and any history of sexual abuse or assault. The tests are administered after
explaining the purpose of the test to the kid at his or her level of
comprehension and ensuring that the child is at ease so that the child can
answer honestly, freely, and without hesitation[11].
The forensic psychologist considers the child's rights and does not infringe
upon any of them while conducting these exams. The court always appoints
forensic psychologists to serve as evaluators.
Intervention for children who have
experienced sexual abuse. Children who have experienced sexual abuse might
receive a variety of interventions. These consist of comprehensive longer-term
intervention, crisis intervention, short-term abuse-focused intervention, and
psychoeducation. These kids can also receive brief instruction in healthy
coping mechanisms. Supporting and assisting the child and family in addressing
the intricate effects and problems associated with abuse is also one of the
most crucial elements[12]. Long-term mental health care is equally
crucial in this situation. The intervention may also concentrate on addressing
behavioral and emotional issues. They must also concentrate on lowering the
chance of re-victimization.
Cognitive behavioral therapy may be
useful for treating post-traumatic stress disorder, which is frequently
experienced by children who have experienced sexual abuse. Among the methods
that can be successfully applied in this situation to address behavioral issues
include cognitive restructuring, relaxation techniques, desensitization, and
behavior management approaches.
Another useful tool is group therapy.
In group therapy, victims talk to peers who have gone through similar struggles
about their feelings and experiences. This allows individuals to experiment
with new appropriate behaviors, like social skills, coping mechanisms, and
problem-solving abilities, and lessens the stigma associated with sexual
assault and abuse. Anxiety, despair, and dread are lessened with group therapy
or intervention, and self-esteem is comparatively raised[13].
In addition to the aforementioned,
the child has been assisted to comprehend the court proceedings and testify
less anxiously. With the assistance of psychologists, the child may eventually
become the most trustworthy witness in court. The primary concern here is the extent to
which the child's evidence is deemed credible by the court, and the precautions
implemented in this regard are crucial[14].
4.
Rights of Children When Testifying
As is often known, a witness is a
person who provides testimony in court under the Indian Evidence Act of 1872.
Witnesses assist the courts in administering just justice by offering
insightful information. As a result, the credibility and dependability of the
witness are frequently crucial. When it comes to children, the topic of how
trustworthy a child witness is and whether or not the youngster can be
persuaded to give an account of what they saw or witnessed during a criminal
incident come up. This skepticism stems mostly from the assumption and belief
that children are too young to understand right from wrong.
Any individual may testify in court
under Section 118 of the Indian Law as long as they are able to respond to
reasonable and logical inquiries and comprehend the questions posed to them by
the court themselves. According to Indian law, there is no minimum age
requirement to testify, although a person under the age of 12 cannot take the
witness oath. However, section 4 of the Oaths Act 1969 states that any
youngster who passes the competency test and is aware that they must tell the
truth may testify. For instance, the Supreme Court of India ruled in the Suresh
v. UP State case that 5-year-old’s evidence is admissible because the youngster
is able to comprehend the issue. The judge further stated that the child's
testimony is admissible as long as she is able to understand the inquiry[15].
All children shall have the civil,
political, social, economic, and cultural rights outlined in the United Nations
Declaration on the Rights of the Child, as well as the protections found in the
Indian Constitution and laws. The rights of survival, protection, development,
and participation are all included in the first category. The right to
development includes the right to education, support for early childhood care
and development, social security, and the right to leisure, recreation, and
cultural activities, whereas the right to survive includes the rights to life,
excellent health, nutrition, a good or adequate standard of living, a name, and
nationality.
Another crucial child right is the
right to protection, which covers freedom from all forms of exploitation,
protection from abuse, protection from cruel and humiliating treatment,
protection from neglect, and, lastly, protection from harm, impairment, etc.
Respect for children's opinions, freedom of expression, freedom of access to
all information, and freedom of thought, conscience, and religion are all
included in the rights to participation[16].
For children to have the finest start in life and mature into adulthood in the
healthiest way possible, they must not only be given the best protection but
also chances and assistance.
Additionally, certain significant
factors pertaining to the child's rights when testifying in court must be taken
into account. For example, every attempt should be done to make sure the
youngster is "competent" to testify before they do. Since minors are
not permitted to take the oath, their testimony is considered "unsworn
testimony" and needs to be supported by independent evidence in order to
condemn the accused. In the circumstances of sexual assault or abuse, this was
not feasible. Therefore, a law that removed the requirement for independent
proof and support in children's testimony not being under oath was passed in
Canada in 1988.
Children who are able to comprehend
the nature of swearing and that by committing to tell the truth, they also
possess the "ability to communicate" could be an alternative to not
taking an oath. The youngster was permitted to testify in these situations when
he or she is able to talk and understood that he or she must tell the truth. To
put it another way, if a youngster can think well and comprehend the notions of
"truth," "lie," and "promise," then their
testimony was accepted without a separate inquiry or investigation. The primary
concern has consistently been whether the child can comprehend the inquiry and
provide a suitable response[17].
The competency of youngsters is also
questioned because they are susceptible to adult influence and can readily
alter their version. The rights that all children must have—civil, political,
social, economic, and cultural rights—are frequently determined by the UN
Rights of the Child in conjunction with the provisions found in the Indian
constitution and laws. The rights of survival, protection, development, and
participation are all included in the first category. The right to development
includes the right to education, support for early childhood care and
development, social security, and the right to leisure and recreation, whereas
the right to survival includes the rights to life, excellent health, nutrition,
a good or adequate standard of living, and a name and nationality.
Another crucial child right is the
right to protection, which covers freedom from all forms of exploitation,
protection from abuse, protection from cruel and humiliating treatment,
protection from neglect, and, lastly, protection from harm, impairment, etc.
Respect for children's opinions, freedom of expression, freedom of access to
all information, and freedom of thought, conscience, and religion are all
included in the rights to participation. In addition to receiving the best
safety possible, children also need to be given chances and support to help
them get off to the best start in life and grow up in the healthiest possible
way[18].
Despite all of these restrictions, a
child witness's testimony will be admitted and accepted if the judge determines
that the youngster is competent and tells the truth. On the whole, the child
witness's credibility and competence are also somewhat determined case by case
because they vary greatly and depend greatly on the kind of crime the child
saw, the circumstances surrounding the incident, the tutoring they received, etc.
[19]It
should be noted that the court has the authority to determine the kid witness’s
reliability and level of competency.
"Memory" is one of the
crucial elements pertaining to child testimony. Numerous studies that have used
lie detectors, various interviewing techniques, misleading questioning, etc.,
have influenced the kids to change their statements[20].
In these circumstances, being able to suggest has caused them to either add to
their knowledge and communicate it or remove something that they were persuaded
to do. As a result, unless the child interviewer makes sure to ask the right
questions, make the children feel comfortable sharing the truth as they saw it,
steer clear of all jargon and abstractions, and frequently assist the child by
clarifying the meaning of words.
5.
Child Custody and Related Issues
The legal and practical relationship
between the parents and the child can be used to explain child custody. The
right of parents to raise their children and make decisions about them is
implied by custody. "A court decision regarding which parent will have the
care, custody, and control of a child" is one definition of it.
There are several forms of child
custody, such as sole custody, joint custody, physical custody, and legal
custody. The parents are entitled to raise their child anyway they see fit in
terms of legal custody. Physical custody, on the other hand, grants the parent
the right to live with the child.
Joint custody refers to the sharing
of decision-making and physical custody of the child by both parents, whereas
solo custody gives one parent sole physical or legal custody.
In this context, a forensic
examination process primarily consists of conducting interviews with the
parents and child or children, testing the parents psychologically, and
preparing and presenting a thorough report. Child custody is the main matter
that forensic psychologists handle in practically all family law courts. They
also handle parental rights termination, relocation, valuation, maintenance,
and support.
When conducting child custody
evaluations, the forensic psychologist must make sure that the kid's welfare
and best interests are given top priority. The evaluations must be completed
promptly and with a high level of impartiality and objectivity. When necessary,
they should seek out parental counseling and take into account the child's
psychological requirements as well as the characteristics of the parents[21].
The findings of the entire review
must be supported by evidence, and all reports, investigations, and interview
records must be factually and, if at all possible, verbatim available on
professional records.
In addition to the aforementioned,
forensic psychologists need to be knowledgeable about the different kinds of
divorce, how it affects children and the family, the legal aspects of custody
procedures, how to evaluate the personalities of children and adolescents and
more.
Therefore, forensic child psychology
encompasses both psychology and law, even while it involves applying clinical
psychology to the forensic setting for the purposes of treating and evaluating
children as well as filing reports. When parents refuse to give their children
legal or residential custody, forensic child evaluations are used. In complex
cases, forensic child custody evaluations are a valuable tool for applying and
offering a kid-beneficial resolution.
6.
Use of Psychological Tests in Child
Custody Cases
When parents disagree over child
custody, the court may mandate that a forensic psychologist conduct a custody
evaluation. Interviews, observations, home visits, and collateral connections
are all part of an evaluation that is in the child's best interests. However,
psychological testing is one of the most crucial elements in this case.
Psychological examination will reveal
both the child's needs and the parent's ability. In order to establish child
custody and make the required arrangements, the test results are used as
supporting documentation. It is crucial that the psychological tests used are
of the highest caliber, standardized in every way with regard to validity and
reliability, and that they be given in accordance with all applicable ethical
guidelines[22].
Testing must be administered with the
utmost care and caution, as must the interpretation of test results. Every
effort should be made to guarantee that the interpretation is correct and takes
into account a number of factors pertaining to the child and his or her
parents.
According to the American
Psychological Association, psychologists who conduct forensic or child custody
evaluations must base their conclusions on extensive and thorough data that
they have gathered through reports, diagnostic interviews, evaluation
statements, forensic testimony, and other sources[23].
It is required that the psychological test report be of extremely high quality
in order to be admitted as evidence in a court of law.
It needs to be given by highly
qualified psychologists. Tests must have been carefully chosen, fair,
culturally fair, and administered with a high degree of fairness. Lastly, test
results must be interpreted with a high degree of competence, as well as being
just and factual with a high degree of objectivity and fairness.
Psychologists conduct child custody
evaluations in India. In essence, the personal laws of the parties involved
govern marriage, divorce, and related matters. For instance, the Hindu Marriage
Act of 1955 governs Hindus, the Parsi Marriage Act and Divorce Act of 1936
governs Parsies, and so forth. There is also a Special Marriage.
The welfare of children is given top
priority by the court when it comes to child custody. The legal stance of child
custody and parental responsibility is based on the principle that the court's
judgment is always in the best interests of the children. Except in situations
where the court has conducted a comprehensive examination and determines that
the mother is unable to protect the child's best interests, in which case the
kid is given to the father, the mother typically has the preference right to
custody of the child, especially if the child is female and under the age of
five. However, the child has the preference right to remain with any parent
after they are nine[24].
Based on the child's comfort and
basic necessities, the court determines custody. In India, custody of the child
would be awarded to the parent who can better meet the child's social, medical,
educational, and emotional requirements. The father will be expected to provide
for both the mother's and the kid's financial requirements, and the mother will
be granted custody of the child even if she is unemployed. This arrangement
will last until the child becomes nine, at which point he or she will have the
option of being in the custody of either the mother or the father.
8.
Conclusion
The function of forensic
psychologists in relation to child-related issues was covered in this article. The
first topic we covered in this context was the function of forensic
psychologists in relation to child sexual abuse. Sexual activities between a
minor and an adult (more than five years of age difference) are considered child
sexual abuse. In this situation, the elder person controls, takes advantage of,
or even coerces the younger person (kid or youth). In the unit, the function of
a forensic psychologist in relation to child sexual abuse was also examined.
During our testimony, we also talked about children's rights. When it comes to
children, the topic of how trustworthy a child witness is and whether or not
the youngster can be persuaded to give an account of what they saw or witnessed
during a criminal incident come up. This skepticism stems mostly from the
assumption and belief that children are too young to understand right from
wrong. The unit also covered child custody and related topics. The use of
psychological testing in child custody issues was also covered in this context.
Since the beginning of civilization,
children have been the most vulnerable members of society, dealing with a
variety of problems. Numerous health and education-related problems exist in
society, yet the majority go unreported and untreated. Children from all
generations, ages, sexes, nationalities, and socioeconomic backgrounds are
impacted by these widespread issues.
Child abuse tantamount to be a silent
emergency both for health and justice; but it often goes unnoticed and
unreported; thereby making children more susceptible to repetitive exploitation
and sufferings. Poverty is the mother of several social evils and CSA is one of
such derivatives. Child trafficking further contemplates various kinds of
exploitations including sexual violence, flesh trade and forced marriages.
Worldwide, there are a series of myths and stereotypes associated with CSA,
resulting in further complications. No community or jurisdiction so far could
evolve any mechanism to ensure that none of their young ones shall be sexually
violated.
[1] United Nations, Convention on
the Rights of the Child (1989),
https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child.
[2] World Health Organization,
Global Status Report on Preventing Violence Against Children 2020 (2020),
https://www.unicef.org/media/70731/file/Global-status-report-on-preventing-violence-against-children-2020.pdf.
[3] National Crime Records Bureau,
Crime in India 2022: Snapshots - State and UTs, Ministry of Home Affairs, Gov’t
of India (2022),
https://www.ncrb.gov.in/uploads/nationalcrimerecordsbureau/custom/ciiyearwise2022/17016097489aCII2022Snapshots-StateandUTs.pdf.
[4] Satyarthi Foundation, Status of
POCSO Cases 2018-2020,
https://satyarthi.org.in/wp-content/uploads/2022/07/Status-of-POCSO-Cases-2018-2020.pdf.
[5] National Crime Records Bureau,
Crime in India 2019: Statistics, Ministry of Home Affairs, Gov’t of India (2019).
[6] C.R. Bartol & A.M. Bartol,
Introduction to Forensic Psychology: Research and Application (2d ed. 2008).
[7] World Health Organization,
Report of the Consultation on Child Abuse Prevention (WHO/HSC/PVI/99.1, 1999).
[8] David Canter, Criminal
Psychology (2017) New York: Routledge.
[9] K. Champlin, C. Oldham, P.
Salvatoriello, H. Zhao & Z. Fang, Child Custody,
https://legaldictonary.net/child-custody/ (2015).
[10] Kari Einarsen, Morten Birkeland
Nielson, Joren Hetland, et al., Outcomes of a Proximal Workplace Intervention
Against Workplace Bullying and Harassment: A Protocol for a Cluster Randomized
Controlled Trial Among Norwegian Industrial Workers, Frontiers in Psychology,
Aug. 31, 2020.
[11] Alan M. Goldstein, Stephen J.
Morse, David Shapiro & L. Shapiro, Evaluation of Criminal Responsibility,
in Handbook of Psychology (2003).
[12] W. Harmening & A.M. Gamez,
Forensic Psychology (2016) Pearson.
[13] Lionel Haward & Gisli H.
Gudjonsson, Forensic Psychology: Practitioner's Guide (1998).
[14] M.T. Huss, Forensic Psychology:
Research, Clinical Practices and Applications (2014).
[15] John Monahan, ed., Who Is the
Client? The Ethics of Psychological Intervention in the Criminal Justice System
(Am. Psych. Ass. 1980).
[16] United Nations, Convention on
the Rights of the Child, art. 19 & 12, Nov. 20, 1989, 1577 U.N.T.S. 3.
[17] D. Polizzi & M.R. Draper,
Forensic Psychology Reconsidered: A Critique of Mental Illness and the Courts
(2016).
[18] A.L. Shipley & B.A. Arrigo,
Introduction to Forensic Psychology: Court, Law Enforcement and Correctional
Practices (2012).
[19] Office of Justice Programs,
Testimonial Competence of Children,
https://www.ojp.gov/ncjrs/virtual-library/abstracts/testimonial-competence-children.
[20] Pediatrics, The Child Witness in
the Courtroom, 139(3) Pediatrics e20164008 (2017),
https://publications.aap.org/pediatrics/article/139/3/e20164008/53469/The-Child-Witness-in-the-Courtroom.
[21] American Psychological
Association, Guidelines for Child Custody Evaluations in Family Law
Proceedings, https://www.apa.org/practice/guidelines/child-custody.
[22] Vimala Veeraraghavan, Handbook
of Forensic Psychology (Select Sci. Publishers 2009).
[23] See American Psychological Association,
supra note 21, at 8.
[24] L. Walker & D. Shapiro,
Introduction to Forensic Psychology (Kluwer Acad./Plenum Publishers 2004).