Does an Abused Child Have to Testify in the Courtroom With Her Attacker Present
My question involves child abuse or neglect in the State of: Washington State. I have a question this happened back in October of 2014 and still is going on but there's a case against my child's father where he's been in jail since October 8, 2014 he's still in jail but he's fighting all the charges against him even thought they have all the evidence against him that a jury would find him guilty. but my main question is would they make the child testify in front of him? He is the Father of the child but the child is only 8 years old and they are super scared of there Father would they make the child relive what has happened to them again? after a rough 3 or 4 months of healing?
Thanks for your advice and help
cmm87
Re: Would They Have a Child Testify in Open Court with Her Attacker in the Same Room
They shouldn't need the child to testify in open court at all. In chambers is one thing - but in open court?
What has your attorney said about it?
Re: Would They Have a Child Testify in Open Court with Her Attacker in the Same Room
The following WA statute answers your question comprehensively:
http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.44.150
Re: Would They Have a Child Testify in Open Court with Her Attacker in the Same Room
It is likely he will have to testify. The court may allow for the room to be emptied of public spectators, but, unless dad is willing to stipulate to his testimony, dad has a right to cross examine the son, and he has a right to be present when this is happening. The court can make some accommodations, but it is highly unlikely that the court would require dad to leave the room.
Is the prosecutor willing to make the claim and present experts to testify that the child will be traumatized in the presence of the father?
Re: Would They Have a Child Testify in Open Court with Her Attacker in the Same Room
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cdwjava
It is likely he will have to testify. The court may allow for the room to be emptied of public spectators, but, unless dad is willing to stipulate to his testimony, dad has a right to cross examine the son, and he has a right to be present when this is happening. The court can make some accommodations, but it is highly unlikely that the court would require dad to leave the room.
On the contrary. Jack's link clears it up.
Re: Would They Have a Child Testify in Open Court with Her Attacker in the Same Room
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Dogmatique
On the contrary. Jack's link clears it up.
I saw. But, the burden still falls upon the prosecution. Not to mention the fact that the defendant can still make the constitutional argument.
My experience working these crimes is that it is rare to do these matters in camera (and outside the presence of the defendant and only with the defense attorney) at even the age of 8. Possible, sure, but it's far from a given even if mom alleges some sort of great emotional harm. Unfortunately, a lot of the time, those allegations of harm that support such a hearing in camera can become a mini-trial of its own.
Mom should speak to the prosecutor as the decision will be his/hers to make, and to argue.