If a case of sexual abuse of a minor is being investigated, the prosecuting authority may order a psychological examination of the minor. The law specifies that „an expert’s report shall be ordered when the opinion of an expert is necessary for the ascertainment, clarification or evaluation of facts or circumstances which are important for finding the truth in the case. The expert opinion shall be ordered under the condition of Article 100, at the request or ex officio, by the prosecuting authority, by reasoned order, and in the course of the trial, by the court, by reasoned judgement” (art. 172 alin (1) and (2) C. pr. pen.).

Who can provide psychological expertise?

The law specifies that the opinion of an expert shall be sought for ascertainment, clarification or evaluation of facts or circumstances.

The expert who can perform a psychological expertise is, in fact, according to the regulations of the Romanian College of Psychologists (CPR), a psychologist certified by the CPR, registered in the Unique Register of Psychologists R.U.P., with the specialization level “specialist” or “principal”, registered in the Register of Psychological Experts. The Registers can be consulted at https://www.copsi.ro/index.php/registre. Mere possession of the necessary specialization level and entry in the Register of Expert Psychologists are not sufficient conditions for a psychologist to be able to carry out a psychological expertise of this type. The certified psychologist must demonstrate (through his professional experience and specialization courses) a thorough knowledge of the field in which he carries out expert opinions, as well as the skills to work in carrying out expert opinions of this type.

What is psychological expertise?

Psychological expertise is in fact an assessment of the child in a very particular, complex and sensitive case such as sexual abuse. Specifically, at the request of the prosecuting authority, the expert psychologist, using assessment tools and methods, must respond to a series of objectives. Examples of assessment objectives that may be requested by the prosecuting body: determining the general developmental level of the minor, identifying possible symptoms developed by the child post-abuse, determining the degree of veracity of the child’s allegations of sexual abuse, determining the need for psychological counseling of the child – victim of sexual abuse.

Where is the psychological assessment carried out?

Most often the psychological expertise will take place in the psychologist’s office, at an address communicated to the child’s legal representative. In concrete terms, the parent/legal representative of the child will go, at the request of the psychological expert, with the minor to the address mentioned for the expertise requested by the prosecuting authority.

How is the psychological expertise performed?

Psychological expertise is carried out in compliance with the methodological recommendations of the Romanian College of Psychologists, in the case of drafting psychological evaluation and expertise reports.

In the psychological assessment of the child, the expert psychologist will use assessment methods and instruments relevant to the objectives of the assessment, for which he/she is licensed, standardized on the Romanian population, specifying the limits of the use of assessment instruments where appropriate (for example, the expert psychologist may use an assessment instrument not standardized on the Romanian population, but which is relevant and useful in relation to the assessment objectives).

Depending on each expert psychologist’s way of working, the assessment will be carried out with the child alone or with the child and the legal representative, together or separately. In general, the assessment will involve an investigative interview with the child and the application of psychological assessment tools.

As the psychological expert is an independent specialist, who is required to give an impartial expert opinion on the facts and circumstances assessed, in accordance with the rules of professional science and expertise, the manner of work in the psychological assessment will be determined exclusively and independently by the expert.

How long does the psychological expertise last?

The answer to this question may depend on the way and pace of work of each psychological expert. Depending on the objectives to be met during the assessment, the psychological expert will need a certain number of hours in which to carry out the actual assessment of the child. At the end of the child’s assessment sessions, the psychological expert will draw up the psychological expert’s report on the child – victim of abuse. Once the expert report has been finalized, the psychological expert will submit the report to the direct applicant, i.e. the prosecuting authority. The child’s legal representative may have access to this report through the prosecuting authority.

Who will bear the costs of carrying out and drafting the psychological report?

When we are talking about a psychological expertise requested by the prosecution, all the costs will be borne by the Public Prosecutor’s Office.

What are the rights and duties of the psychological expert, the assessed minor and his/her legal representative?

It is the duty of the psychological expert to carry out the expertise in accordance with the rules of science and professional expertise and to submit the expert’s report within the specified deadline.

Failure to submit the report by the deadline for reasons attributable to the psychological expert, or failure to carry out the expert’s report in accordance with the rules of professional science and expertise, may result in the expert being sanctioned by the courts.

It is the duty of the legal representative of the assessed minor to facilitate the performance of the psychological expert’s assessment by the psychological expert and to attend the assessment at the times and on the days indicated by the expert. Refusal to attend the assessment or intentionally hindering the assessment may result in consequences or judicial sanctions imposed by the prosecuting authority.

At the same time, the minor – the victim of abuse – and his/her legal representative have the right to have their identity and personal information protected. The information regarding their identity, the investigated events in which they were involved, will be disclosed only to the direct applicant of the expertise, i.e. to the prosecuting body.

Article written by: Patricia Aramă, clinical psychologist, expert psychologist