Legal Question in Criminal Law in Missouri
Why is it required for my 14 year old to do a deposition for her rape case when they have previously video taped her testimony?
1 Answer from Attorneys
I am very sorry to hear about yrou daughter's plight. It is impossible for an attorney to guess at all the intricate facts of her case. So, I will answer yoru question based upon the very limited facts you provided, with some assumptions. I assume that you are talking about a deposition by the attorney for the defendant in qa civil case. In that instance, the defense attorney's are allowed to investigate the facts fo the case. part of the facts is what your daughter saw, heard, said, did and felt. All of these are issues that her attorney will want to put before the trier of fact (judge or jury), so the defense has aright to know what may come out at trial., so they depose your daughter.
But, if this a deposition by the attorney for a defendant in a criminal case, then the defendant has a stronger claim to be able to depose your daughter. Previously recorded or videotaped statements may have been made only with the Police, which may not have brought out all the facts. It is sometimes very harsh, but in the US a defendant has right to face thier accuser. Sometimes that means having their attorney depose the victim prior to trial. It can speed up the trial process, as some facts can be agreed to, so that they need not be raised in a public trial. This may be to your daugher's benefit, as she can describe some of the horrific details in a somewhat private office, rather than in a large crowded courtroom. I hoe this has helped, but you should ask this question of her attorney too. It is part of thier job to explain things to their client. If you do not knwo why this must happen, perhaps your daughter doesn't either.
Good luck
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