Problems of Forensic Sciences 2015 Vol. 101 (CI) 24-38
EXPERT REPORTS IN CASES OF RAPE AND CHILD SEXUAL ABUSE
Maciej BOCHEŃSKI
Bar Association in Kraków, Kraków, Poland
Streszczenie
The aim of the article is to evaluate Polish legal proceedings concerning cases of rape and child sexual abuse in the context of cooperation between courts and expert witnesses, and expert reports in these cases. The methodology of this work includes both theoretical analysis as well as empirical research into court records. The theoretical analysis is based primarily on the analysis of the literature in the fields of criminal law, criminology and forensic psychology. The empirical part presents and discusses the results of empirical research. Mental state of sexual offenders is undoubtedly one of the most crucial factors in making decisions concerning the most appropriate forms of penal response to sexual crimes. As sexual offenders seem to be a very heterogeneous group of criminals, individual examination of each perpetrator by expert psychiatrists and psychologists is of paramount importance. Huge differences between sexual offenders have been confirmed in conducted empirical research. In Polish judicial practice, the very poor cooperation between judges and expert witnesses is highly conspicuous. Courts do not look for more detailed information about perpetrators. One huge drawback that affects Polish judicial practice is the absence of usage of any risk assessment tool that would help to define the risk of reoffending in the case of each criminal. According to empirical research results, the vast majority of perpetrators still receive prison sentences (the least effective method of decreasing the probability of reoffending) and no special treatment is employed. Empirical research findings can help in improving criminal proceedings in sex crimes cases.
Słowa kluczowe
Sexual offenders; Sex crimes; Rape; Child sexual abuse; Criminal proceedings.