said children's advocates yesterday after a case of a man accused of fondling a six-year-old girl was thrown out of court for lack of evidence.

The girl's mother told The Royal Gazette the family will try to appeal the decision but was not surprised by the ruling.

Law fails children: Child advocates "We're not shocked because we knew the law was not in favour of children,'' she said. "What hurts me is that (cases) related to other children may now be thrown out of court on that same technicality.'' The mother said the family had proceeded with the case in the hope that problems in the law might be addressed.

Bermuda law requires there be corroborative evidence in cases of alleged sexual abuse against a child if -- due to their young age -- they give unsworn evidence. Because of this requirement, the cases are nearly impossible to successfully prosecute, according to children's activists.

Physical evidence corroborating the child's story is very rarely present, said child psychologist Dr. Ann Dell Duncan.

And she fears the decision would have "chilling effect'' on other cases where a child makes a complaint of sexual abuse. "The problem with corroboration for children of tender years and persons that are mentally challenged is the requirement places a burden which inappropriately protects the defendant at the cost of the victim.'' In his judgment on the no-case submission, Mr. Williams said the girl's testimony had been inconsistent and uncorroborated by independent evidence.

But Dr. Dell Duncan said it was natural for young children to make inconsistent statements: "Children's memories don't come out in nice tidy boxes,'' she said.

"When a sexual act is committed in secrecy -- as is almost always the case -- and there is no independent observer, the majority of the world including England and the United States have made provisions to have the corroboration component removed for cases involving sexual assault of a minor or person who is mentally handicapped. It would be helpful if Bermuda could take that necessary step.'' Dr. Dell Duncan attended the court yesterday to hear the decision on the case along with Opposition MP Kim Young and Kit Swainson of the Coalition for the Protection of Children.

Ms Young said Bermuda must address problems with its laws with regard to sexual abuse of children and that she and others who attended the trial intend to form a group to develop recommendations on changing the laws.

Despite the fact the case was thrown out, last night the girl's mother said she felt that the process had been helpful for her daughter because "she knew something bad had happened to her and by talking about it she felt it all went away.'' And Ms Swainson praised the family for going ahead with the emotionally taxing trial and supporting the young girl.

"The child has become a survivor and is no longer a victim,'' said Ms Swainson.