For a child molestation charge who acts as a witness?

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Question:

For a child molestation charge who acts as a witness?

Answer:

In a child molestation charge, there are a number of people who can act as witnesses. A witness is simply anyone who has relevant information as to the guilt or the innocence of the defendant who is on trial. This means that:

  • A child may act as a witness. Whether or not he or she will be permitted to testify will depend on whether he is considered by the court to be "competent" to testify. Usually, this means he must understand the difference between right and wrong and testifying must not be considered so traumatizing to him that no reasonable court or attorney would put him on the stand. If there is doubt about whether or not he is capable of testifying, a competency hearing may be held before the trial
  • A doctor may act as a witness and present evidence the molestation occurred
  • Someone who observed the molestation may act as a witness and tell what he or she saw. A person may not, however, testify as to what someone else told him. This would be considered hearsay and would be inadmissible in court. 

There may also be other witnesses for the prosecution depending on the situation. Further, a defendant is entitled to mount a defense and can present witnesses on his own behalf as well, including a witness who provides an alibi for him or a character witness who testifies as to whether he is the sort of person who would be likely to molest a child or not. 

If you are involved in a child molestation case, you should have a lawyer assisting you. Your lawyer can explain exactly what witnesses may be appropriate given the situation. 

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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