Child Testimony and Its Admissibility in Criminal Proceedings: A Comparative Analysis Between Common Law and Islamic Law Systems

Abstract

Despite all International and National efforts to safeguard the child, a number of children worldwide are facing sexual abuses, some of which are committed by their near relatives or caregivers. The matter, however, gets worse when there is no any other evidence to implicate the offender in courts of law except the testimony of the child who is the victim of the offence. This paper examines the admissibility of child testimony in criminal proceedings and its effect in implicating the offender. It makes a comparative analysis of the Common law and Islamic law systems. It analyses the conditions stipulated for the admissibility of child testimony in both systems and comes up with proposals to lighten some of those conditions so as to render justice to children who are victims of sexual offences by adults, yet such children do not meet the stipulated conditions.

Keywords: child testimony, sexual abuse, corroboration, voire dire, Aql, Bulugh, oath, conviction.

DOI: 10.7176/JLPG/84-13

Publication date: April 30^th 2019