• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Compelling a Child to Testify

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

nugget630

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

First I would like to thank all who reply to my thread!!


My child allegedly was "touched" by a trusted family member. She is special needs and disclosed this to a teacher at school. She doesn't understand that she was harmed in any way and continues to love the family member. She has had no contact with this person since we were notified about this.

She was interviewed by a Forensic Interviewer that is with the DA's office and they are pursuing this case. We (her father and I ) are going to be allowed to view the tape in order to understand what my daughter has stated to others. We haven't discussed this situation with her upon the advice of the DA.

As part of the process we (parents) have to undergo an DCF Evaulation...It has been disclosed to us today that my daughter will have to testify.

At this point we don't know that we want her to testify against this family member. She loves him deeply and we feel that if she were to understand that her testimony was instrumental in convicting him this could seriously harm her emotionally. We do understand the seriousness of this situation. But our biggest concern is to limit the emotional damage our daughter experiences.

Can a 6 year be subpoenaed to testify? If yes and the parents choose to not cooperate, can they be held in contempt?

Thank You all for your time and input.
 


CdwJava

Senior Member
Yes, a subpoena can be issued, and a court can compel her to testify.

If this person has molested your child, this person is a threat to other children. If you derail the train of justice on this, you may well be responsible for allowing a molester to continue on. And if that guilt is not enough, it could place you in a very precarious legal position if this person attacks another child and they decide to sue you for failing to act, or, if some years down the road you and your child get sued for slander for relating a story of the molestation.

Since you have not articulated the situation, I can only assume the molester is an adult or teen, and if so that person needs help. If there are no legal consequences, statistics show that they will continue to offend ... the number of victims each molester has prior to being caught can be staggering.

If this offense occurred, you NEED to act on it. To do otherwise is reprehensible.

- Carl
 

Ohiogal

Queen Bee
She may be able to testify in a closed courtroom with only her parents (you and your husband), the attorneys, the accused and the judge there. That is something you can request.
 

nugget630

Junior Member
Yes, a subpoena can be issued, and a court can compel her to testify.

If this person has molested your child, this person is a threat to other children. If you derail the train of justice on this, you may well be responsible for allowing a molester to continue on. And if that guilt is not enough, it could place you in a very precarious legal position if this person attacks another child and they decide to sue you for failing to act, or, if some years down the road you and your child get sued for slander for relating a story of the molestation.

Since you have not articulated the situation, I can only assume the molester is an adult or teen, and if so that person needs help. If there are no legal consequences, statistics show that they will continue to offend ... the number of victims each molester has prior to being caught can be staggering.

If this offense occurred, you NEED to act on it. To do otherwise is reprehensible.

- Carl

Thank You Carl for your response to my thread.

Yes, it is an adult that touched my daughter. The allegation was "sexual misconduct" for touching my daughter through her clothing. The person has no history for this kind of action and doesn't fit a profile for a molester. I am heart broken over these allegations. I trusted this person with my 6 year old. SHE trusted him! :(

As of now my daughter doesn't understand that she was harmed...He didn't "hurt" her. But if she were to testify, THAT process WILL harm her...So! As a parent I want to protect my child. As a parent I want to see this person punished if he is guilty. I don't want to jeopardize other children but, again, I need to protect my child.

My child is very young and has Autism...How will the DA protect this child on the stand?
Please understand that I do FULLY "get" the big picture...I just want to minimize the hurt and anguish my child will endure.


Thank you again for taking the time to help me resolve my concerns.
 

nugget630

Junior Member
She may be able to testify in a closed courtroom with only her parents (you and your husband), the attorneys, the accused and the judge there. That is something you can request.
Hi OhioGal...Thank for your response!

The problem is she would have to testify in front of the family member...She loves this person incredibly. The situation will devastate her...I was told that the interview she went through would prevent her from having to testify. I should have known better than to trust DCF or the DA. They have an agenda and that agenda doesn't include my child's mental well being. I understand that the accused has the right to confront his accuser...So I really should have known better.

I am going to view the tape of my child's interview and hopefully that will help me in my decision.

This sucks.

Thanks again for all of your help. All of the members of this and the other forums should be commended for your voluntary help to people like me. Thank You!!!!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top