Implications for Child Witness Support Programs

helping the victims of youth-on-youth criminal violence

Victims and witnesses of peer-on-peer violence can present complex and complicated issues for their supporters. They may appear more mature and informed than they are. Many will be reluctant to reveal feelings of vulnerability and may have difficulty expressing their fears or concerns about testifying. Some are embarrassed to identify themselves as "victims," and others will have a history of victimization they may not disclose. They are best served by identification of individual needs early in their involvement with the justice system.

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Observations About Offenders

many adolescents charged with offences against other youth have themselves previously been victims or witnesses of crime
many youth charged under the YCJA will be considered for extra-judicial sanctions including restorative conferencing where victims may be asked to participate
where there is no domestic violence treatment program for adolescents, youth offenders of intimate/domestic violence will not have an "early intervention" treatment option equivalent to that for adults

Observations About Victims

violent crime can affect the emotional and psychological health of adolescent victims and negatively impact social interactions and academic achievement
participating in the justice system of a prolonged and stressful time for young victims and witnesses and can affect their day-to-day functioning: some perceive their lives as being "on hold" until the court outcome
characteristics of the offence alone are not usually the best indicator of degree of trauma experienced by young victims
most victims and offenders are acquainted with one another; their continued contact in school or neighbourhood can be intimidating and distressing
facing the accused and testifying in an open courtroom are stressful situations for most victims: testimonial aids can alleviate much of this anxiety
court-related worries expressed by witnesses in peer assault cases tend to focus on ability to testify well and concern about cross-examination
contact with the offender as part of a restorative "conference" can be highly stressful for some young victims of inter-personal peer violence
victims may be unaware that their statements (written or video-recorded) are routinely provided to defence counsel

The Needs of Youthful Victims

Relative to their adult counterparts, adolescent victims and witnesses require enhanced support and specialized court preparation. Their vulnerabilities may ge unrecognized because of their grown-up physical appearance of their life experiences. Although striving for independence and autonomy, they are still dependent of parents or caregivers for many of their needs. Learning disabilities or emotional problems can make participation in the justice system a daunting task. Many victims and offenders are acquainted and contact may continue in school or the neighbourhood. Direct or indirect intimidation by the accused or his or her associates can cause much distress and may result in the victim missing school or even changing schools.

Contact and Information

Timely personal contact, offering of court preparation and support, as well as provision of information regarding court dates, delays or adjournments, help reduce a young person's anxiety about his or her role in the prosecution.

Identification of Special Needs

A meeting, early in the process, can identify any special needs or vulnerabilities. Appropriate arrangements for testimonial aids or other necessary accommodations can then be made in a timely way to avoid unnecessary delays.

Court Preparation

Programs providing developmentally appropriate court preparation services benefit young witnesses. Preparation may involve several sessions and address individual needs. Courtroom orientation, support and accompaniment on the day of court help alleviate stress and anxiety. A debriefing session is helpful for many young people after the verdict.

Testimonial Aids and Special Accommodations

Teenaged victims and witnesses of peer violence may have significant fears about testifying in the presence of the accused youth. Some may also be distressed about the prospect of testifying in an open courtroom. Fear and anxiety can interfere with the quality and effectiveness of of evidence. Recent legislative changes create the presumption that all court witnesses under age 18 may testify via closed-circuit television or using a screen and have an identified support person with them.

Recommendations

The following suggestions are offered for consideration.

when the referral is first received, personal contact with adolescent victims or witnesses and their families is appreciated
timely advisement to the prosecutor about special needs and recommendations for testimonial aids helps avoid delays
courtroom orientation and the opportunity to review his or her statement, before the court date, reduced anticipatory anxiety
a secure waiting area in the courthouse reduced the risk of unwanted contact with the offender
a young victim's involvement in extra-judicial sanctions involving victim/offender contact should be sought, wherever possible, by a neutral person with experience in victim services who can determine if involvement is the victim's best interests
where there is an extra-judicial sanction involving victim/offender contact, the victim may require an identified support person
where there is a finding of guilt or a guilty plea, young victims may need information and assistance completing a victim impact statement

The Teens Hurting Teens Study is a collaborative effort of the London Police Service and the Child Witness Project, Centre for Children & Families in the Justice System, funded by the Ontario Victim Services Secretariat of the Ministry of the Attorney General. These documents from the study are available for download.

When Teens Hurt Teens: Helping the Victims of Youth-on-Youth Criminal Violence (overview of findings)

When Teens Hurt Teens: Implications for Police

When Teens Hurt Teens: Implications for Prosecutors

When Teens Hurt Teens: Implications for Schools

When Teens Hurt Teens: Implications for Child Witness Support Programs