Closed-Circuit Television

During court hearings, the risk of victim intimidation by assailants may be great. In some cases, typically those involving children, courts allow the use of video or closed-circuit television. For example, closed-circuit television has been used when—

• Children refuse to testify in court despite judicial requests to do so.
• Children have a substantial inability to communicate to others about the offense.
• There is a substantial likelihood, based on expert opinion testimony, that a child will suffer severe emotional trauma from testifying in court.

Virginia Code § 18.2–67.9 allows the Commonwealth or the defendant to apply for an order from the court that the testimony of the alleged victim be taken in a room outside the courtroom and be televised by two-way closed-circuit television. Recognizing that few courts have access to this technology or the personnel to operate it, the Department of Criminal Justice Services and State Police purchased closed-circuit television equipment, which they loan to local courts on request, along with trained technicians to set up the equipment and operate it.

Although it is rare for closed-circuit television to be used with adult victims, a research study in New South Wales investigated whether juror perceptions differed if adult sexual assault victims testified via closed-circuit television, prerecorded videotape, or face-to-face in the courtroom.² The study found that juror perceptions of the complainant or the accused, as well as guilt of the accused, were not affected by the use of closed-circuit television.