WHAT IF THE MINOR CHILD IS AFRAID TO TESTIFY AGAINST A PARENT?

Stepfather Is accused of sexual abuse against his five-year-old stepdaughter. She is too afraid to go to court. She is afraid of confrontation. The trial court said there would be a plenary, two-year order of protection against the stepfather. Stepfather appealed. He said the child should have to testify in court.

The appellate court affirmed.

The trial court record had enough information.

The child was afraid that her stepfather would have to leave the house. She was afraid she would no longer have a father. That was what he had told her.

The child had an interview with DCFS. The interview showed that the child was consistent with her statements about what had happened.

The child’s teacher had noticed a change in the child’s behavior since the alleged incident.

The child’s statements were consistent with physical evidence and testimony by the child’s mother and teacher.

Therefore, the child’s out-of-court statements were reliable and corroborated. They were properly admitted.

Trinidad C. v. Augustin L., 2017 IL App (1st) 171148.

Share This Story, Choose Your Platform!

Buffalo Grove Law Offices

Categories

Subscribe!