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Child Testimony in Order of Protection

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worrieddad0311

Junior Member
What is the name of your state (only U.S. law)? Illinois

My 5 year old child was left alone with two men unrelated to her, one of whom is a registered sex offender with charges of criminal sexual assault and aggravated criminal sexual assault against a 12 year old. I have full allocation of rights and am the residential parent. I will be filing an order of protection against her mother for risking her life and health. My question is can my daughter testify in court? I know that hearsay law does not apply in this case because she is under 13 and her mother risked her life and health but still would like to avoid the hearsay argument and have her testify, if possible.
 


CJane

Senior Member
With *charges, or a conviction? What was he actually convicted of? What is his registration status? Is he restricted from being around children as part of his release/registration?

These all matter.

And no, it's super-duper unlikely that any judge is going to allow a child to testify.
 

worrieddad0311

Junior Member
If he is registered as a sex offender, he was convicted of the crimes. They are not going to force someone to register if they are innocent and as I mentioned it was criminal sexual assault and aggravated criminal sexual assault against a child, 12 years old. As a registered sex offender with crimes against children you are automatically restricted from schools, parks, and being around children unsupervised.

With *charges, or a conviction? What was he actually convicted of? What is his registration status? Is he restricted from being around children as part of his release/registration?

These all matter.

And no, it's super-duper unlikely that any judge is going to allow a child to testify.
 

SESmama

Member
What is the name of your state (only U.S. law)? Illinois

My 5 year old child was left alone with two men unrelated to her, one of whom is a registered sex offender with charges of criminal sexual assault and aggravated criminal sexual assault against a 12 year old.

worrieddad0311
If he is registered as a sex offender, he was convicted of the crimes. They are not going to force someone to register if they are innocent and as I mentioned it was criminal sexual assault and aggravated criminal sexual assault against a child, 12 years old. As a registered sex offender with crimes against children you are automatically restricted from schools, parks, and being around children unsupervised.
It sounds like there was a competent adult there so the mother did not knowingly leave the child with the offender in charge.

http://www.isp.state.il.us/sor/faq.cfm

Can a child sex offender live with children?
There are no Illinois laws which prohibit a child sex offender from being around children, unless it is at a park, school, or any location designed exclusively for people under the age of 18. If you would like a further investigation into the welfare of a child present in the same house as an offender, you should contact the Department of Children and Family Services. The Department of Children and Family Service Hotline is 800-25-ABUSE.

Within three days of beginning to reside in a household with a child under 18 years of age who is not his or her own child, the child sex offender must report this information to the registering law agency.


Can a child sex offender have unsupervised contact with children?
It is unlawful for a parent or guardian of a minor to knowingly leave that minor in the custody or control of a child sex offender, or allow the child sex offender unsupervised access to the minor. This does not apply to those child sex offenders who 1) is a parent of the minor, 2) convicted of Sexual Abuse (720 ILCS 5/12-15-c), or 3) is married to and living in the same household with the parent or guardian of the minor. A person who violates this provision is guilty of a Class A misdemeanor.
 
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LdiJ

Senior Member
If he is registered as a sex offender, he was convicted of the crimes. They are not going to force someone to register if they are innocent and as I mentioned it was criminal sexual assault and aggravated criminal sexual assault against a child, 12 years old. As a registered sex offender with crimes against children you are automatically restricted from schools, parks, and being around children unsupervised.
That still is not going to get you a restraining order against mom. It would get you a restraining order against the offender (if he is truly restrained from being around children) and it might get mom into some trouble, but its not going to get mom restrained from being around the children because nothing happened to the children.
 

CJane

Senior Member
If he is registered as a sex offender, he was convicted of the crimes. They are not going to force someone to register if they are innocent and as I mentioned it was criminal sexual assault and aggravated criminal sexual assault against a child, 12 years old.
The way you phrased it left open the possibility that he had pled to a lesser crime or been found guilty of a lesser crime, than what he was charged with.

As a registered sex offender with crimes against children you are automatically restricted from schools, parks, and being around children unsupervised.
Was the child at a school, park, or alone with this person?
 

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