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  1. #1

    Default Does a Minor Have to Testify in a Child Abuse Case

    My question involves child abuse or neglect for the state of: South Carolina

    Alright, when I was a child (3-5) my now ex-step father chose to molest and neglect me. I'm now 17. Last year, at the age of 16, a private investigator came and spoke to me about it, a year later, she came back and I specifically told I did not want to press charges, nor do I want to face him in court. The state decided to press charges anyway. My question is, do I absolutely have to give my testimony? Do I have to even show up in court? Am I allowed to plea the 5th amendment and not answer any questions? Can they use my previous written testimony, even though it may not be 100% correct since I was such a small child?

  2. #2
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    Default Re: Help

    Quote Quoting allisonelizabeth
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    My question involves child abuse or neglect for the state of: South Carolina

    Alright, when I was a child (3-5) my now ex-step father chose to molest and neglect me. I'm now 17. Last year, at the age of 16, a private investigator came and spoke to me about it, a year later, she came back and I specifically told I did not want to press charges, nor do I want to face him in court. The state decided to press charges anyway. My question is, do I absolutely have to give my testimony? Do I have to even show up in court? Am I allowed to plea the 5th amendment and not answer any questions? Can they use my previous written testimony, even though it may not be 100% correct since I was such a small child?
    Your 5th Amendment rights aren't at play here - you're not accused of any wrongdoing. They may be able to bring in your written testimony.

    I take it he's being investigated for other cases similar to yours?

  3. #3
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    Default Re: Help

    Your testimony increases the chances of the state.getting a conviction. You can help stop him from doing to children in the future what he did to you and others. You can take back the control.that he took from
    you. It's not a pleasant thing to have to do, but what a sense of empowerment. Why wouldn't you do it? Have you talked to the investigator from the DA's office about your concerns and fears ? They are use to dealing with victims that don't want to testify. If you share why you don't want to testify, they may be able to releave some of your concerns and fears. If they have a center for sexual assualt victims where you live call them. Some places have people that will go with you the day you testify and they are trained.

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