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Virginia lawmakers consider bill to allow child trafficking survivors to testify via CCTV

January 15, 2025 | 2025 Legislature VA, Virginia


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Virginia lawmakers consider bill to allow child trafficking survivors to testify via CCTV
In a pivotal meeting of the Criminal Subcommittee on January 15, 2025, Virginia lawmakers discussed House Bill 1728, aimed at reforming the courtroom experience for child survivors of trafficking and abuse. The bill proposes allowing child witnesses to testify via closed-circuit television (CCTV), a measure intended to reduce the trauma these young victims face when recounting their experiences in the presence of their abusers.

Survivors and advocates voiced strong support for the bill, emphasizing the psychological harm inflicted on children who are compelled to testify in intimidating courtroom settings. One survivor shared her harrowing experience of being trafficked as a child, highlighting the fear and trauma associated with facing her traffickers in court. She urged lawmakers to consider the profound impact of such environments on a child's ability to provide accurate testimony, noting that the presence of their abuser can trigger severe psychological distress.

Sanu Jain Cooper, policy director of the Action Alliance, echoed these sentiments, advocating for a trauma-informed approach that prioritizes the emotional safety of child survivors. She recounted a case where a child had to testify against a parent, illustrating the difficulties faced by young witnesses in traditional courtroom settings. Cooper argued that allowing CCTV testimony would create a safer environment, enabling children to share their experiences without the added burden of direct confrontation with their abusers.

However, some concerns were raised regarding the bill's legal implications. Brad Haywood from Justice Forward Virginia pointed out that while closed-circuit testimony is permissible under certain conditions, the standards for its application must be carefully defined to avoid constitutional challenges. He stressed the importance of ensuring that the bill aligns with existing legal precedents, particularly the Supreme Court's ruling in Maryland v. Craig, which allows for such measures under specific circumstances.

Kate Hanger, executive director of the Virginia Victim Assistance Network, also expressed support for the bill, emphasizing the need to protect children from the distress of recounting traumatic experiences in front of a courtroom full of adults. She highlighted the cruel reality that many child victims are abused by trusted individuals, making the courtroom experience even more daunting.

As the committee deliberated, the focus remained on balancing the need for justice with the psychological well-being of child survivors. The proposed legislation aims to establish a new standard that considers the long-lasting effects of trauma on a child's ability to testify, potentially reshaping how the judicial system accommodates vulnerable witnesses.

The discussions underscored a growing recognition of the need for reform in how the legal system interacts with child victims, with advocates hopeful that the bill will move forward to provide a more compassionate and effective approach to justice for young survivors. The committee's decision on House Bill 1728 will be closely watched, as it could set a precedent for how courts handle cases involving child witnesses in Virginia and beyond.

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Scribe from Workplace AI
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