SPECIFICS OF PROVING THE CRIMINAL OFFENCE OF SEXUAL ABUSEMENT OF A CHILD

Abstract

The issues of sexual abusement of child was alway an actual problem which requires continuosly and permanently to indicate both from scientific and expert opinions and to indicate on character of this problem withtin the community. In Bosnia and Herzegovina in last few years the criminal offence of sexual abusement of a child reachend a very notable importance which is a result of certain researches in this area but also an active engagement from NGO organizations and Ombudsmen for childs especially in Serb Repulic. Sexual intercourse with child has to be observed in the context of the term sexual abusement of a child because his integral part is also the real consequence ,so it is almost impossible to speak about relation of this two shapes but about revitalization of one special segment in form of a specific criminal offence.In fact it is about a problem which impinge in the deepest sphere of a child apropos their sexual integrity which is manifested in most perfidious shapes.

The objective of this work is directed on sistematic approach of proving the criminal offence sexual abusement of a child.The title of the offence is directing us on actuality of problematics for the criminal offence sexual abusement of a child,in which as the most extreme part appears to be a direct sexual intercourse with a child as one of the most perfidious shape.The need of structuring and nomination of certain actions of proving in criminal proceedings arises from a fact that modalities of executing this criminal offence are different and that there are modified shapes permanently appearing.It is advisable to mention that progress of information and virtuel technologies had gave possibilities to perpetrators of this criminal offence to create refined forms of executing this criminal offence with elements of perfidious and in some cases aberantlly behaviour.Such modalities are sensitive and variable,subject to time and spatial dimensions,with presented situational deficit and absence of material evidence.Proving the criminal offence of sexual abusement of a child is  a  specific procedure in which there is no conventional evidence,so the brunt of proving is directed to personal sources of proving,medical expert testimony,identification etc. which can in finally bring to different difficulties with court decision,needless victimatization of child (as victim) through repeating the testimony and hearings,confrontation with suspect etc..