성폭력 피해 아동 진술신빙성 평가의 한계와 전망 = Prospects and Limitations of Credibility Assessment of Child Sexual Violence Victims

다국어 초록 (Multilingual Abstract)

This paper reviews the history of credibility assessment of child sexual violence victims and introduces the Statement Validity Assessment(SVA) as a widely used method of credibility assessment. This paper discusses the prospects and limitations of using SVA or other credibility assessment methods at the police or courts of Korea.
SVA is the most widely used credibility assessment method. SVA was developed by psychologists in Germany in 1950s and is being used by expert witnesses in many countries. SVA procedure consists of three elements: (1) obtaining voluntary statements from an alleged child victim, (2) doing Criteria-Based Content Analysis(CBCA), and (3) analyzing validity factors that might have influenced the child's statements. CBCA is a content analysis scheme to tell the likelihood of child's statements coming from his or her own experience. Many empirical studies show that the average CBCA scores of children who actually witnessed an event are significantly higher than those of falsely reporting children. But using CBCA or SVA in court is still controversial. After many years of practice, the German Supreme Court in 1999 specified guidelines for SVA by experts. Credibility assessment is a professional area which requires in-depth knowledge of child development, eyewitness memory and investigative interviewing. Any attempts to produce credibility assessment experts by a short-term training without intensive supervision and ethics could be very risky and hinder the fact finding in the criminal justice system.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 진술신빙성 평가의 역사
• Ⅲ. 진술타당도평가(SVA)의 절차
• Ⅳ. 아동 진술신빙성 평가의 한계 및 활용방안
• Ⅴ. 결론
• 참고문헌
• Abstract

참고문헌 (Reference)

1 조은경, "성폭력 피해 아동의 진술 타당도 분석 및 활용 방안에 관한 연구" 한국형사정책연구원 2004

2 Köhnken, G., "The evaluation of the credibility of child witness statements in German procedural system. in: The child witness: Do the courts abuse children? (Issues in Criminological and Legal Psychology, no. 13)" British Psychological Society 37-45, 1988

3 Undeutsch, U., "The development of statement reality analysis. in: Credibility assessment" Kluwer 101-121, 1989

4 Rogers, M. L., "Review of the current status of the use of statement validity analysis procedures in sex abuse cases in the United States" 2 (2): 1990

5 Steller, M., "Recent developments in statement analysis. in: Credibility assessment" Kluwer 135-154, 1989

6 Vrij, A., "Detecting lies and deceit: Pitfalls and opportunities (2nd ed.)" John Wiley & Sons 204-, 2008

7 Lamb, M. E., "Criterion-based content analysis: A field validation study" 21 : 255-264, 1997