Legal Question in Juvenile Dependency in Alabama
In a sexual abuse of a minor case, does my child have to go on the stand?
To make a long and exhausting story as short as possible..my daughter told me my ex-husband molested her while he was still living here. I made the mistake of telling a friend of over 20 yrs, who reported it to DHR, before I could figure out what course of action would be best for my child. She was interveiwed by an individual but veiwed/videoed by a panel. I was told that was to keep her from ever having to repeat herself again. In the meantime she has had to testify to two grand jurys, the 1st indictment was thrown out. From what I have read transcripts and video should have been all the grand jury needed.Please, this has got to stop.
1 Answer from Attorneys
Re: In a sexual abuse of a minor case, does my child have to go on the stand?
Yes, but maybe not. The state has to prove that your ex is guilty beyond a reasonable doubt. Part of their case will involve your daughters testimony about what happened. She is the only person that can provide that evidence. The U.S. Constitution provides a person who is charged with a crime the right to confront his accusers. This means his attorney has the right to cross-examine her. What she has already told someone else would be hearsay if that person were to testify what she told them. His attorney can't cross-examine her about those statements unless she is on the stand. However, Alabama law has a provision that allows the state to introduce hearsay statements made by a child victim of sexual abuse, provided the state files the appropriate motion. Typically the state will do this. You need to talk to the DA himself or to the victim assistance officer where you live and make sure they know you don't want her to testify.
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