Les enfants victimes d'agression sexuelle : leur témoignage dans les différents types de cour et l'association entre le verdict et leur santé mentale

Victims of child sexual abuse (CSA) are likely to develop multiple psychological and social consequences in relation to their victimization. Sooner or later, many of these children may be involved in the justice system as witnesses, which can exacerbate the consequences for them. Objective. The judicial experience of children exposed to sexual abuse has rarely been documented in the scientific literature. The main objective of this Masters’ thesis is to foster a better understanding of the reality that these children who are involved in the justice system face and to contribute to inform researchers and professionals who work with CSA victims of the characteristics and needs of these children. Method. This project addresses the following three research questions: 1) What are the characteristics that distinguish CSA victims who a) did not testify in court from those who b) testified in the Criminal and Penal Chamber of the Court of Quebec or the Criminal Chamber of the Superior Court and those who c) testified in another court, either the Youth Chamber or the Family Chamber? 2) What are the characteristics that distinguish CSA victims whose cases has resulted in an acquittal or a guilty verdict? 3) Is there a link between the judge’s decision (verdict) and the psychological state of the CSA victim following psychotherapy? With the help of their parents, children who received services in a Child Advocacy Centre (Centre d’Expertise Marie-Vincent, CEMV) (n=177) filled out surveys concerning their legal implication, the support that they received and their psychological state. In order to study the type of judicial implication, we separated these children into three groups; CSA victims who testified at the Criminal and Penal Division (N=19), CSA victims who testified in court other than the Criminal and Penal Division (N=59), and CSA victims who did not testified (N=99). The participants’ ages ranged from 6 to 14 years old, 71,8% are girls (M=9,93; SD=2,060). Results. Older girls, who are victims of more severe, repetitive and intrafamilial sexual abuse, are more likely to testify in court. Also, girls who have been victims of intrafamilial sexual abuse more often testify in courts such as Youth Court (‘’ other court ‘’) and report experiencing more stress in relation to their disclosure than CSA victims who did not testify. Further, cases in which the accused are older are more likely to be processed in the Criminal and Penal Division. Finally, children for whom the accused was declared guilty were reported to experience less internalized behavior problems and anxiety symptoms than children for whom the accused was acquitted. Conclusion. The results of this study partially support the findings of past research. The finding observed in this research project as well as the methodological limitations encountered in its execution highlight the importance of continuing to conduct studies in the field in order to better guide interventions that can reduce the secondary victimization and distress of young victims of sexual abuse.

Keyphrases: verdict, Child sexual abuse, Legal involvement, Mental health