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Four Year-Old’s Evidence Holds In Court

Rabia Mayet | rabiamayet@radioislam.co.za

30 September 2025

2-minute read

 

As a result of the evidence of a 4yo girl, who gave testimony about her own rape, 55yo Ian Hoggins was handed a life sentence in George last week.

Previously, children’s testimonies were not viewed as credible and required corroborating evidence to be upheld in court, but recently, there has been a shift. Dr Shaheda Omar from the Teddy Bear Clinic emphatically stated that they applaud and commend the justice system for allowing this little girl to testify, and that more young children should be given the opportunity to testify in order to “bring more perpetrators to book.”

Young children are protected in that they are not exposed to the court structure. Their testimony is taken in-camera alongside the support of an intermediary who receives the questions and rephrases them in a child-friendly manner. In this way, “secondary victimisation and trauma is not induced,” said Dr Shaheda.

At all times promoting the best interest of the child, the court will adhere to the children’s act so at no point does the child feel threatened or intimidated or increase his or her anxiety.

Ensuring that parameters are in place while justice is being served, the person conducting the interview would require specific, specialised skills, the environment would need to be child friendly and contained, the types of questions should be non-threatening, and the line of questioning should be age appropriate because of the young child’s limited understanding.

Although a child’s level of reasoning is limited, by the age of four, their permanent memory has already developed. Responses elicited by a 4yo are limited, with information missing, inconsistencies, fragmentation, and even discrepancies. A 4yo would also not be able to verbalise such sexualised content.

Internationally, the testifying of children occurs in many countries that conduct forensic assessments with young children. Since the early 2000’s the Teddy Bear Foundation has worked with children as young as 2 ½ years old. Dr Shaheda said that they guide the children through the process of assessment and court preparation to educate them, teach them to decipher truth from falsehood, and allay their fears. They use concrete examples like colours and include many other factors in the assessment process before a final report can be concluded.

At the same time, it is essential to underscore the child’s narrative, acknowledging the exposure of the child to something so inappropriate.

Listen to the full interview with Ml Sulaimaan Ravat and Dr Shaheda Omar here.

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