Legal Question in Civil Rights Law in New York

our rights

my daughter was sexually abused by my husband. She was questioned by so many people. Now she does not want to answer any more questions from anyone. recently a law guardian and a social tried to question her and she would not cooperate with them. can she be forced to answer questions if she does not want to. can my children be taken from me if she does not cooperate. also will she be forced to testify if she does not want to.


Asked on 4/13/07, 9:07 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Re: our rights

My response to your questions are limited. Generally, there is a body of laws that prevents the police or prosecutors from compelling one spouse to testify against another. It is called spousal immunity. On the other hand, the guardian that has been appointed is charged with acting in the best interest of the children. The guardian will protect the children if they are in danger of physical and perhaps mental harm from the effects of what you described as "spousal sexual abuse." The job of a government social agency is to unite families; therefore, blood relatives are first in line to obtain child custody in cases of removing children from parental custody.

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Answered on 4/14/07, 9:10 am


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