This memorandum discusses the strategies courts employ around the world to treat child victims and witnesses and their evidence when giving testimony. International and regional human rights standards have highlighted good practices in the treatment of vulnerable young child witnesses, centering on the foundational principle of the best interests of the child.
This memorandum compiles international and regional best practices guidelines, model laws, and progressive practices of domestic courts to protect adult and child victim-witnesses before, during, and after trials.
Massachusetts General Laws Chapter 272 § 30 authorizes the superior court to issue injunctions preventing the dissemination of any visual material that is deemed to be obscene.
The Sexual Violence Legislation Act 2021 (the “Amending Act”) makes changes to the Evidence Act 2006 to introduce greater protection to complainants in criminal proceedings involving offenses of a sexual nature (“sexual cases”) to avoid re-traumatization.
The appellant was convicted of murdering his former intimate partner after she ended their relationship. The trial judge imposed life imprisonment and required twenty years before parole eligibility. On appeal, the appellant argued that the judge failed to consider alternative sentencing options or properly weigh aggravating and mitigating factors, and that he was not credited for time spent in pretrial custody.
