Resumo

FAIZIBAIOFF, Danilo Salles  e  TARDIVO, Leila Salomão de La Plata Cury. Overcoming the clinical-traumatological model in judicial sentences about children sexual abuse through the Psychology of Testimony. Bol. - Acad. Paul. Psicol. [online]. 2024, vol.44, n.107, pp.226-237.  Epub 02-Dez-2024. ISSN 1415-711X.  https://doi.org/10.5935/2176-3038.20240017.

Child sexual abuse (CSA) only became a scientific investigation’s object in the second half of the 20th century, triggering the search for objective and universal criteria capable of verifying its occurrence. Biomedical criteria soon proved insufficient to detect the phenomenon in most cases, calling for the contribution of Clinical Psychology and Psychopathology. Under the aegis of the clinical-traumatological model, these sciences defended the correlation between nosographic frameworks or clinical phenomena and the occurrence of CSA. However, accumulated evidence has been questioning this hypothesis, recommending, based on the Psychology of Testimony, the analysis of verbal criteria associated with the victim’s judicial testimony reliability. This article aims to illustrate, based on a documentary study of criminal proceedings involving allegations of CSA, how the interpretation of judges is moving away from the clinical-traumatological model in their judicial sentences. It was observed the highlighting of verbal criteria extracted from children’s court testimony, currently collected through the special testimony device (ST). Three procedural vignettes with acquittal sentences were selected to explain that phenomena such as dissociative amnesia, alteration in central details and psychodynamic recantation, frequent in cases of CSA, can lead to the conviction of innocent people if they are interpreted by the clinical-traumatological model, due to the risk of false memories occurring.

Palavras-chave : child sexual abuse; forensic psychology; episodic memory; procedural law..

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