Research On The Victim’s Testimony In The Case Of Sexual Assault Against Minors

The balance between the protection of the victim testifying in court and the protection of the defendant’s pledge right is one and two sides of the realization of procedural justice,which is the pain point that juvenile justice has to face.How to draw the greatest concentric circle between the two and obtain the greatest common denominator is a problem that Chinese and foreign scholars have been exploring.In recent years,the overall situation of sexual assault cases against minors is characterized by frequent occurrences,and the rights and interests of minors are facing great challenges.For a long time.Due to the special status of juvenile victims,they are faced with multiple value conflicts.In the process of testifying in court,juvenile victims have problems such as instrumentalization of subjects,secondary victimization,formalization of cross-examination,etc.,and the relationship between the protection of juvenile victims’ testimony and the defendant’s guarantee of pledge right has not been properly handled,resulting in a dilemma.Outside the country,Britain’s fragile witness testifying system,America’s pledge right and European Court of Human Rights’ s pledge right all provide valuable reference for this issue.Combined with the establishment of the working mechanism of "one-stop questioning" for minors in recent years,the author thinks that we can learn from overseas experience and combine local practice,try to build the pre-trial cross-examination procedure,give the relevant parties the corresponding choice,improve the way of testifying in court in multiple ways,and build the pre-trial,in-court and after-court improvement measures.