She Said What? What To Do in Civil Domestic Violence Proceedings with Child Hearsay

A nine-year-old girl tells her dance teacher that she gives her dad a towel after he showers. When her mom asks about it, the girl says her dad made her touch private areas on his body and told her to keep it a secret. The mom tells a therapist, who contacts the Department of Children and Families (DCF). DCF recommends the mom get a court order to keep the girl away from her dad. The girl also tells a doctor and a psychologist about the abuse. The psychologist says she shows signs of being abused and is willing to testify in court. The child’s mother doesn’t want the child to testify in court because it could be harmful. She wants the things the child told her outside of court to be used as evidence instead. In Florida, there’s a law that allows this if the court thinks the child’s statements are trustworthy and there’s other evidence to support them. This article looks at how Florida courts have applied this law in cases like this. In order for a child’s out-of-court statements to be considered reliable in court, the judge has to consider factors like the child’s age, the nature of the abuse, and the child’s relationship to the person accused of the abuse. Other factors, like how the child made the statement, their mental state, and whether there were contradictions in their accusations, also come into play. In the case described at the beginning, the court would likely find the child’s statements to be reliable based on these factors. If the child is unable or unwilling to testify in court, their out-of-court statements may still be used as evidence. If a child victim is unable to testify in court, their out-of-court statements can be admitted if there is other evidence supporting the abuse. The child can be considered unavailable if expert testimony shows that testifying would cause them severe emotional or mental harm, or if they cannot remember the abuse or events well enough to testify. The court can also consider the child’s age and ability to understand the difference between truth and lies. If the court determines the child is unavailable, they must find other evidence of the abuse before allowing the child’s statements to be used in court. Other corroborating evidence is additional evidence that supports or confirms the alleged sexual abuse. This evidence can include things like testimony from a witness who saw the abuse, statements from other children who were present, medical evidence showing signs of assault, or a confession from the person accused of the abuse. Physical evidence, like injuries, can also be corroborating evidence. Just because there may not be physical evidence, it doesn’t mean the child’s statements about the abuse can’t be used in court. In some cases, what the accused says and what medical experts say can support a child’s claims of abuse. For example, in one case, the accused admitted to sharing a bed with the child, which supported the child’s statements. In another case, medical experts testified that the child showed signs of abuse, which also supported the child’s claims. However, not all medical testimony can be used to support a child’s claims. In one case, the court said that some medical evidence couldn’t be used to prove the accused’s guilt. But it’s important to remember that using evidence to support a child’s claims is not the same as using it to prove the accused is guilty. Admissible medical testimony in a child abuse case is based on an expert’s opinion and not a diagnosis. This means that a doctor can testify about typical behaviors of child abuse victims, but they can’t definitively say if a child was abused or not. Drawings made by a child during interviews can also be used as evidence in court. If an expert’s testimony is based on their experience and observations, it can be used as evidence to support a child’s claims of abuse. In child abuse cases, if a child’s statements are found to be reliable, they can be used in court as evidence. But this doesn’t guarantee a win in the case. It’s important to gather all the facts and evidence to present a strong case that balances the rights of the accused with the rights of the victim. The goal is to achieve justice for all involved. In Florida, when a child’s statement is used as evidence in court, the judge has to decide if the statement is reliable before it can be admitted. The judge looks at things like how the statement was made and if it sounds like something a child would say. The judge also has to make a record of why they think the statement is reliable. This is important because it affects a defendant’s right to confront their accuser. And if the statement is made at the first opportunity and sounds like something a child would say, it’s more likely to be seen as reliable. In court, the defendant has the right to cross-examine witnesses, which means they can question people who accuse them of a crime. In Florida, there are specific rules about when a child’s statement about abuse can be used in court. These rules also say that if a defendant admits to the police that they did something wrong, that can be considered as evidence against them in court. This passage discusses cases where evidence in child sexual abuse cases was considered in court. It mentions the use of expert testimony, affidavits, and the admissibility of a child victim’s drawings as evidence. The author has experience in family law and is recognized for her work in child advocacy. The Florida Bar wants its members to understand the importance of serving the public and doing their job well. They also want to improve how the legal system works and make progress in the study of law.

Source: https://www.floridabar.org/the-florida-bar-journal/she-said-what-what-to-do-in-civil-domestic-violence-proceedings-with-child-hearsay/