Legal Question in Criminal Law in California

Child Forced to Testify Against Parent

A child now 15 was molested by her father in 2nd grade. She mentioned this in passing to someone a few months ago and the father was arrested. She has been and is safe from him and has no desire to relive the events and does not want to testify against him. She did not want to bring charges.

At first the police and DA said she would not have to get involved if she would just make a statement. Now the DA is saying she has to testify.

This is not about the guilt or innocence of the father - yes, we know what he did was wrong and that he should be punished.

This is about a child who is guilt ridden about what is happening now and yes, she is getting counseling but that is not an overnight fix and the court date approaches quickly. This is also more than not wanting to face him and is not a question about video testimony. She does not want to testify at all. What are her rights and options in California.


Asked on 1/06/08, 1:55 am

2 Answers from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Child Forced to Testify Against Parent

Because she is guilt ridden over what is deservedly happening to the child molestor, she doesn't want to testify and help prevent other children from being molested. How selfish.

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Answered on 1/06/08, 2:37 pm
Allen Farshi Law Offices of Allen Farshi

Re: Child Forced to Testify Against Parent

As you may already know, the child is no longer the complainant or a plaintiff. This matter has become the peoples case against the father and the child is merely a witness. Unless compelling psychological reasons are advanced, involving the well being of the child, the prosecution will most likely be moving forward. This is not to say that the child does not need a child advocate.

Best of luck

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Answered on 1/07/08, 12:58 am


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