L-R: Elisa Reiter, Daniel Pollack, and Jeffrey Siegel. Courtesy photos A Very Young Child's Voice in Sexual Abuse Legal Proceedings
"In cases involving minor children, we sometimes vary from standard operating procedure regarding how testimony can be presented, as well as stretching boundaries as to whether the witness is developmentally capable of presenting testimony. Should such distinctions continue?"
December 27, 2023 at 05:00 AM
12 minute read
Litigation
Cases involving sexual abuse of young children are onerous for the attorneys trying such cases as well the children who may be obliged to testify. Not surprisingly, young children may often be the only witness to their own alleged abuse. How can we assure that those children are not revictimized in the process of testifying and presenting their story to the court? The way in which children participate in the process is, ironically, much like what is required of an expert witness—the child must have sufficient developmental capacity to present testimony that a fact finder will perceive as valid, authentic, and truthful, and be able to withstand the pressure of cross-examination.
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