Evidence for Proving Child Sexual Abuse

Article 64 of the Criminal Procedure Code stipulates: Evidence is anything that is real, collected according to the prescribed order, which the Investigation Agency, Procuracy, and Court use as a basis to determine whether or not a crime has been committed, the perpetrator of the crime, as well as other necessary circumstances for the proper resolution of the case.

Evidence may consist of:

- Physical evidence;- Testimonies of witnesses, victims, persons with related rights and obligations, arrestees, detainees, suspects, defendants;- Expert conclusions;- Records of investigative and trial activities;- Other documents and objects.

When collecting evidence, we need to pay attention to the evidence that can be used to prove acts of sexual abuse against children such as:

- During the act of sexual abuse, the perpetrator may use force against the victim such as pressing down, wrestling, holding limbs, pushing against a wall, etc. When the victim resists, it may leave traces such as wounds, bruises, etc.;- The perpetrator may use threatening language towards the victim, paralyzing their will and forcing them to comply without daring to resist (threatening to kill or to inflict injury, etc.);- The perpetrator may take advantage of the victim being unable to resist or defend themselves, such as being ill or under the influence of sleeping pills, etc.;- Examine the traces left by the abusive act such as sperm in the child's body or on their clothing, or other traces like fingerprints, hair, or fibers of the perpetrator. The child should be taken to a specialized medical facility immediately upon discovering the incident, without rushing to bathe, and the clothing worn by the child should be preserved. If the hospital's results suggest that the child shows signs of sexual abuse, it is suggested to request the hospital to provide the medical records and retain the child’s medical prescriptions;- Question and record the child's account of their activities on the day before, during, and after the incident. Also, determine if there were any witnesses around the place where the incident occurred to seek their testimony;- Approach and observe the behavior and attitude of the person suspected of committing acts of sexual abuse against the child.- Additionally, immediately file a criminal report to the local commune/ward police and the district-level police agency.

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