New Jersey – Children who previously talked about an abuse incident but are too frightened to testify in court can still provide evidence in a trial, the state’s highest court unanimously ruled today.
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The justices’ decision upholds a jail sentence for a Long Branch man convicted of molesting a three-year-old girl.
Johanna Barba Jones, a deputy attorney general, said she was “very happy” with the decision.
“This is a way of expressing wrongs done to children who cannot express themselves … luckily this little girl was able to use gestures and through very limited language could communicate that to her mom,” said Jones. “It’s clear to moms that they can share that with police and they will not go unaddressed.”
wow this is awesome news until now many parents didnt go to the police fearing that the defense can force the victim to testify which will retraumatize the child but now you sico’s your going to prison! because we have the evidence against you yes i’m talking to you, you know who you are!
This is a travesty. The sixth amendment GUARANTEES everyone the right to confront his accuser. How can a defendant convince the jury that the accuser is not telling the truth, if he can’t cross-examine her in front of them?
About time. . and why does a child need to be cross examined by her abuser? To traumitize her? It should be enough to have strong evidence.
The Torah compares rape and molestation to retzicha/murder. It’s about time that these low life predators will get what is coming to them. They will get their just punishment in jail where the other inmates know what to do. Let them quake in their boots in the knowledge that it is no more open season on our children.
what about a wife who wants to bring false charges on her husband. all you have to do if you live in the glorious state of new jersey is to tell the jury my daughter told me and get your husband behind bars. this is the advance of liberalism michael savage is fighting against.
“why does a child need to be cross examined by her abuser? …It should be enough to have strong evidence.” Unfortunately, there have been cases of prosecution for child molestation where the child did not testify and in the end, it was found no molestation took place, but the defendant went to prison anyway. One must tread very carefully here.
One must look at the whole story here. It is not that the child won’t be questioned at all… it is the open-court cross examination that they are concerned about. That can be very intimidating for a young child.
Small children (under 10 years old) will often say what they think the questioner wants to hear when they are frightened. They have a sense that there are right and wrong answers to questions, and a compliment or smile from an attorney can push a child to lie.
In many cases, even today, the judge will allow a child to testify in chambers with a mental health professional in the room. Both attorneys will ask the judge or mental health professional to bring up questions with the child and they are asked in a less frightening way, ensuring more honest answers. Then the professional will deliver testimony on the stand, and in many cases video of the conversation will be played in court.
Please don’t make it out like the child will just get to say “he did it” and leave… that is not the case.