Tuesday, May 5, 2009

Abuse - provide evidence without testifying


Star Ledger

Children who previously talked about a sexual abuse incident but are too frightened to testify in court can still provide evidence in a trial, the [New Jersey] state's highest court unanimously ruled today.

The justices' decision upholds a jail sentence for a Long Branch man convicted of sexually assaulting a three-year-old girl.

Matt Rainey who wrote today's decision which ruled that children who previously talked about a sexual abuse incident but are too frightened to testify in court can still provide evidence in a trial.

Immediately after Terry Coder had abused her in his basement in 2001, the girl -- whose name is protected by the court -- told her mother.

"Mommy, he touched me," she said, according to court documents.

Even though the girl could not remember that Coder had abused her when she took the stand a year later, the court counted what she had told her mother as evidence against Coder.

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."[...]

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