• Korean Journal of Forensic Psychology
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• v.12 no.1
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• pp.1-13
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• 2021

This study analyzed the use of expert reports in the investigations and trials of cases of sexual violence against people with intellectual disabilities. A total of 670 alleged sexual assault cases against victims with intellectual disabilities were analyzed. Results showed that 97.5% of the cases included at least one expert report. In most cases(91%), the expert reports of statement validity assessment were included. Additionally, doctor's note (41.1%) from obstetricians and Psychiatrists, intermediary reports(36%), and expert witnesses(psychologists') reports (9.5%) were included. In 80 cases (44.4%) of the 180 cases in which a victim' statement credibility was in question during the trial, judges cited the expert's reports of statement validity assessment as the basis for the judgment on the reliability of the victims' accusation. The frequency of citing the report was higher when the victim was under the age of 13, or when the defendant was found guilty. Regrading the report content, the evaluations of criteria-based content analysis(CBCA) was most frequently cited, while the victim's psychological status, cognitive limitation, as well as possibile contamination of victim's account, were also mentioned in the ruling statements. Results showed agreement between experts' statement validity assessments and judges' determinations in 79 cases out of the 80 cases Finally, this study discussed ways to utilize expert options.

• Korean Journal of Forensic Psychology
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• v.11 no.2
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• pp.211-239
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• 2020

This study examined characteristics and judges' judgments regarding sexual violence cases against individuals with intellectual disabilities by analyzing total 716 cases of court decision. Of 716 cases, 6.0% sentenced not guilty, 53.5% imprisonment, 36.7% suspended sentence. More than half of the victims had experienced sexual assault more than one time with the tendency of repeating being higher when the accused were relatives or acquaintances to the victims. In half of the total cases, the victims were not able to specify the time of incidents. Only in 20% of the cases, there was actual compulsion but in the remaining cases, there was no clear coercion used during the crimes. There are three issues regarding court's decision of sexual assault case against individuals with intellectually disabilities; (1) credibility of victims' statement, (2) inability of resist during the crimes, and (3) whether the accused were aware of the victims's disabilities. In the judgment of credibility of statement, consistency of statement was the criterion that was used most frequently, being followed by specificity of statement, motivation for false accusation, cognitive capacity of victim, and reports of statement validity analysis in the order. The most frequently used criterion of inability to resist was the victim's statement and attitude, followed by the statement and attitude of the accused, the victim's knowledge and understanding of sexuality in the order. Regarding to the awareness of disabilities on the part of the accused, the statement and attitude of the accused was most frequently used, the victims' communicative abilities, duration of relationship, and daily life competence in the order. There were no differences in the rulings and issues according to levels of disabilities and gender. When victims were under 13 credibility of statement became more argues but the awareness of disabilities less frequently than the cases of victims who were 13 or older.

• Korean Journal of Forensic Psychology
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• v.12 no.2
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• pp.223-251
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• 2021

Statement analysis is a technique that examines the credibility of a statement by scientifically analyzing problems and psychological characteristics that appear in the content of the statement. The statement analysis report is prepared, submitted, and used for legal judgments when there is a suspicion of sexual abuse for children(under 13 years of age) and persons with disabilities since it is usually difficult to secure physical evidence nor eyewitnesses. However, the criteria for evaluating the quality of a statement analysis report or testimony are not available in Korea. Although forensic experts and professional organizations in North America and Europe are providing recommendations and guidelines for preparing forensic assessment reports, qualitative analysis research studies for forensic reports revealed a number of problems such as missing or poorly described essential information and lack of logical connection between evaluation results and forensic opinions. Therefore, forensic evaluation guidelines and forensic reports submitted to the courts in the United States, as well as the Structured Quality assessment of eXpert testimony (SQX-12) developed in Sweden were examined to suggest the Korean version of quality evaluation criteria for statement analysis report and testimony. This criteria can be used to improve effectiveness of forensic reports within criminal justice system and used as a guideline to assess the quality forensic reports or expert testimony prepared by experts. However, this criteria do not guarantee the reliability of the statement itself.

• Journal of the Korean Society of Child Welfare
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• no.55
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• pp.87-111
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• 2016

This study aimed to examine how video-recorded hearsay statements are taken in trial with regard to testimony of children less than the age of 13 in terms of children's rights, and to assess policy implications for the purpose of improving the current system. This study analyzed the precedents in accordance with their facts and contents. The analysis of the contents dealt with the main issues of trials concerning the sexual violence of children less than the age of 13. Specifically, This study selected precedents dealing with video-recorded hearsay statements, which are children's indirect statement, as core legal issues; examined the credibility(probative power) and admissibility of video-recorded statements; and prepared systemic alternatives in accordance with the United Nations Convention on the Rights of the Child, the international standards for the protection of children's rights. As a result, this study proposed creating and utilizing indicators to assess evidence admissibility and the credibility of video-recoded statements in trial, thus reducing judgement through judges' discretion. Also proposed are new regulations with regard to cross-examination coverage of the hearsay statement of a child in a sexual violence trial of concerning children less than the age of 13. This study suggests an improvement in legal policies, based given that children's rights are more vulnerable than those of adults in trial. Nevertheless, this study is limited in that it selected and reviewed only among precedents that are in the public record.

• The Korean Society of Law and Medicine
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• v.18 no.2
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• pp.47-73
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• 2017

Medical certificate is a document to demonstrate a patient's health status, made up and signed by a physician, dentist, or oriental physician who attended the patient. It serves as an evidence in many official process including civil or criminal law suit, especially for one's personal injury. The Korean legal system also acknowledges and protects the evidentiary function of medical certificate by mandating physicians etc. to issue medical certificate in good faith and only when they personally attended the patient, and by criminally punishing them when they do not comply with these legal requirements. There are some reasons, however, that medical certificates often do not reflect the true health status of the patient: When physicians attend the patient and collect information regarding the health status of the patient, their priority is and should be the most cost-effective way to meet the health needs of the patient. It does not necessarily correspond to the accurate examination of the health status of the patient. Even when the patient's report on the history of the illness or the injury seems suspicious, physicians might have to avoid disproving it because that kind of attitude might harm the rapport between the physician and the patient. All these can distort the perception of the physicians and this distortion can be reproduced in the medical certificate they made up. Some of these problems might be resolved or at least enhanced by introducing new form of medical certificate which would guide physicians to reveal the nature, factual and theoretical grounds, and the limit of their findings more accurately. Others, however, would not be able to address, because it stems from the conflict between the physician's primary duty, duty to be loyal to the patient's life and health, and his secondary duty to serve as a public or neutral witness on the health status of the patient, and when both values or duties conflict with each other, they should choose the duty to the patient sacrificing the duty to the public or the court.