Legal Question in Criminal Law in New York
I do not want my child to testify in courtIf
My child is 10 years and and says that she was raped by a family member. Even though this person has been indicted for the crime my husband and I thought that she would not have to testify because of her age? We do not want her to testify even if it means the accused will go free? Do we have a right to say No, we do not want our child to testify? Can we refuse to have her testify without breaking the law?
2 Answers from Attorneys
Re: I do not want my child to testify in courtIf
No, she can be forced to testify
However, there are electronic means of
arranging such testimony so that it
minimizes intrusion and eliminates the
eyeball to eyeball contact
Make sure you demand this of the prosecutor
Re: I do not want my child to testify in courtIf
You can only request that the prosecutor not call your child as a witness, but if he/she insists, you have no choice.
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