Abstract
INTRODUCTION Reported child sexual abuse and the media attention focused on it have increased dramatically nationwide in recent years. 1 In a single Minnesota county between June 1983 and October 1984, the county attorney charged 300 cases of child sexual abuse and related offenses. 2 Because sexual abuse of children is a crime in which witnesses and corroborating evidence are rare, the prosecutor's case often depends solely on the child's testimony, 3 with the verdict turning on whether the jury believes that child. 4 In many cases, however, the trial judge must make a preliminary finding of the child's competency as a witness before a Minnesota jury even sees the child. 5 The preliminary competency hearing is a crucial point in child sexual abuse cases because a finding of incompetency means the child will not be permitted to testify and the state may be forced to drop criminal charges. Child sexual abuse cases create significant conflicts among the interests of the defendant, the state, and the child. The defendant's rights to presence, representation by counsel, and due process must be weighed against the state's interests in protecting the child's welfare, ensuring accuracy in the fact-finding process, and convicting guilty sexual abuse offenders. These interests of the defendant and the state, in turn, are at odds with the need to minimize the psychological trauma suffered by the child during the criminal trial process. Although similar conflicts exist in all criminal cases, special problems arise during the pretrial competency hearing in ...