If the victim of abuse dies before the trial starts...

[eyerony]

The state is: California


I'd like to know whether a trial against a child abuser still takes place if the child dies of a disease (not caused through the abuse) before the trial starts, but if the abuser has already been charged. Who is the accuser then? The parents of the child?

 

[I AM ALWAYS LIABLE]

The state is: California


I'd like to know whether a trial against a child abuser still takes place if the child dies of a disease (not caused through the abuse) before the trial starts, but if the abuser has already been charged. Who is the accuser then? The parents of the child?

My response:

The State was, and continues to be, the accuser. It makes no difference whether the child is alive or dead. The evidence of the abuse is "alive and well".

You're thinking, "Well how can that be? Don't I have a right to "confront" my accuser - - the child?" Well, your accusers are now the State's witnesses; e.g., the investigators, the detectives, and everyone else involved in the case against you. So, you can, in fact, "confront" your accusers - - including the parents.

What if the child was only a year old? Obviously, a 1 year old can't testify. However, the evidence of abuse still exists. In other words, the child doesn't need to testify in order to obtain a conviction.

IAAL

 

[eyerony]

thank you very much for your response. it was very helpful.
i expected the trial to go on, because of the evidence of crime, but i wasn't sure.
thank you.