of the investigation and prosecution processes in cases of child sexual assault in the Metropolitan, Valparaíso and Bío Bío Regions” (2009). The results of this research were conclusive in terms of the negative effects of multiple interrogations on child victims of sexual abuse.
Against this backdrop, a second Inter-Institutional Working Group was convened in October 2011 to finalize the draft bill that would establish a video-recorded interview system for child victims of sexual abuse. The group was comprised of representatives from the Public Prosecutor’s Office, the Ministry of the Interior and Public Security, the Judicial Branch and Fundación Amparo y Justicia. After a year of work, with the advice of scholars from the Faculty of Social Sciences and Law of the Universidad de Chile, a bill was drafted, which included its technical foundations, an implementation design and a study of associated costs. This material was then delivered to the Executive Branch in October 2012, which, after studies conducted to ensure its budgetary feasibility, presented the final bill to the Congress in January 2014.
This first milestone was also supported by the impact on public opinion that was generated by the social media campaign “No me pregunten más” (“Ask Me No More”), started by Fundación Amparo y Justicia in October 2013. Thanks to this campaign, more than 21,000 people signed a petition to get the Act passed, and dozens of public figures endorsed the initiative.
The Video-Recorded Interviews Act was under consideration in the Congress for four years. During this period, there were public communication campaigns and citizen mobilization activities; also, technical evidence was provided for the discussion of the bill in the congressional committees.
In 2014, aware that the prevention of secondary victimization did not depend solely on the adoption of this Act, Fundación Amparo y Justicia, in conjunction with PUC’s Faculty of Law, began teaching the international certificate course “Los derechos de los niños, niñas y adolescentes víctimas de delitos sexuales y el sistema judicial” [“The rights of child and adolescent victims of sexual abuse and the judicial system”]. This course raised awareness and enhanced the training of 459 justice system employees regarding the appropriate measures and ways of interacting with children. In addition, the first version of this book was launched in 2016 to provide the most up-to-date information on the investigative interview and the best practices for its application.
At the end of 2016, a collaboration agreement was signed between Fundación Amparo y Justicia and the Public Prosecutor’s Office to implement the VII procedure in that institution. The following year, with the advice of retired Sergeant Nick Quine, an investigative interviewing training program was started for interviewers and instructors. This initiative was later joined by Carabineros de Chile, Policía de Investigaciones, the Judicial Branch and the Ministry of the Interior and Public Security.
On January 20, 2018, Act No. 21,057 that regulates video-recorded interviews and other protective measures for minors who are victims of sexual abuse was enacted, evidencing the successful collaboration between the powers of the government, institutions of the justice system and organized civil society.
The challenge of protecting the rights of children does not end with the approval and enactment of this Act. This is the reason why Fundación Amparo y Justicia is committed to continuing to contribute to its proper implementation through training, technical advice, dissemination and awareness-raising activities. In this context, since 2018, the foundation has participated in the Subcomisión Técnica de Implementación de la Ley Nº 21.057 (Technical Sub-Commission for the Implementation of Act No. 21,057), which was created by mandate of the Comisión de Coordinación del Sistema de Justicia Penal (Commission for the Coordination of the Criminal Justice System). This committee is coordinated by the Ministry of Justice and Human Rights and attended by representatives of the Public Prosecutor’s Office, the Ministry of the Interior and Public Security, the Judicial Branch, the Public Defender’s Office, Carabineros de Chile and Policía de Investigaciones.
Similar to the first version of this book, this edition describes recommendations and best practices based on national and international evidence. It is divided into seven chapters. The first chapter refers to the participation of child victims of sexual offenses in the criminal process, their rights and the complexities faced by the justice system in this regard. It also describes the main findings of the study of their testimonies. The second chapter deals with the investigative interview itself, explaining its definition, characteristics and benefits, as well as the specific elements needed to plan, carry out, and evaluate it. The third chapter addresses technological and infrastructural aspects that need to be considered for proper video-recorded investigative interviewing. The fourth chapter elaborates on the main findings and recommendations regarding the interviewer and their training process, as well as the protocols and best practices for conducting the investigative interview. The fifth chapter reviews different models that exist at the international level for the use of these video-recorded interviews in court hearings. Chapter six describes other safeguards for the taking of children’s testimony in the judicial process, including intermediation and early testimony. Finally, the last chapter describes the procedures included in Act No. 21,057, which regulates video-recorded interviews and other protective measures for minors who are victims of sexual abuse. It also provides an easy-to-understand summary of the Act’s provisions, its regulations and the protocols for inter-institutional action and coordination.
The hope is that this second edition will continue to serve as a support and guide for the training of officials in the criminal justice system who must interact with children, as well as for anyone else who might be interested in studying this subject in greater depth.
BACKGROUND
I. The participation of child victims in criminal proceedings
1. Vulnerable victims and secondary victimization
Starting in the 20th century, on the eve of the birth and subsequent development of victimology, progress began to be made regarding the “neutralization of victims” in criminal proceedings. At the time, the State, the sole entity in charge of criminal prosecution, gave crime victims a marginal role in the process, focused only on reporting crimes and being witnesses for the proceedings (Baca, Echeburúa and Tamarit, 2006; Hassemer, 1984).
Movements in different countries began to promote changes to make victims visible in criminal proceedings. This included the creation of public policies and social protective services, as well as compensation programs for certain groups of people (Fattah, 1992; Marchiori, 2004; Walklate, 2007).
In the second half of the twentieth century, the “rediscovery of the victim” emerged in great part of the legislation of criminal procedure, recognizing the special role of the victim in the criminal justice process. As a result, their rights began to be recognized, while care and compensation programs were initiated in their favor (Ferreiro, 2005). Likewise, various international instruments were agreed upon3 , which individualized the concept of victim, established the minimum standards for their participation in the criminal justice system, and identified the rights that should be recognized by the States.
One such instrument that stands out to this day is the Declaration of Fundamental Principles of Justice for Victims of Crime and Abuse of Power, adopted by the United Nations General Assembly on November 29, 1985. This agreement provides a concept of victim that is used to date: “persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws operative within Member States, including those laws proscribing criminal abuse of power” (UN, 1985. Section A. 1.). The term victim also includes “the immediate family or dependents of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent
