Replacing a testimony with a sworn statement is one means of avoiding this situation. This experience may lead to secondary trauma, especially in cases involving human rights violations such as sexual assault and violations of human dignity. More importantly, cross-examination often involves an attack on the witnesses’ character to undermine their credibility. Furthermore, if the witnesses are victims in the case, requiring them to give testimony in a public court about what happened to them can be traumatizing or upsetting. However, this process can be expensive and time-consuming when, for example, the individuals reside overseas. Therefore, if an individual is important to the case, it is preferable to have him or her attend the court as a witness. This procedure ensures that the individuals can then be cross-examined by the opposing party. To maximize fairness and the likelihood of obtaining an accurate account in legal proceedings, individuals providing information related to the case will be called to the court as witnesses to give a testimony. It is very similar to an affidavit, but unlike an affidavit, a sworn statement is not witnessed and sealed by a public official having the power to witness an oath (for example, a public notary). It is signed by the declarant to state that all the content is true, and that they acknowledge that the penalty of perjury may follow if they do not tell the truth. What is a Sworn Statement?Ī sworn statement is a written statement of fact related to a legal proceeding. A sworn statement can serve as an alternative to having witnesses re-tell sensitive and/or traumatic accounts. Aside from being expensive and time-consuming, in the context of human rights violations where witnesses are often victims, having to give a testimony can lead to secondary trauma. Yet this procedure has various shortcomings. Calling a witness to court to give a testimony is an important part of handling a legal case.
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