Wednesday, May 20, 2009

Should We Believe A Child?

DA’s Corner by Mike Little

My office just finished up the prosecution of a child molestation case in one of our courtrooms this week.

The case dealt with the molestation of a child who was eight years old at the time of the incident. The molester was a stranger in this case.

Frankly, that’s rather unusual. Most child molestations are committed by persons who are well known to the child victims.

That’s one of the main reasons that we must be so diligent in not only protecting our children from strangers but also observing and listening to our kids even when they haven’t been around strangers.

Child molesters rarely look like our stereotypical image of what many of us believe that a child molester looks like. They are rarely scruffy looking guys in a trench coat.

They don’t have labels or name tags which identify them as child molesters. It’s sad but true that they don’t generally “look the part.” That’s why we all have to be vigilant and observant.

But what if a child says that someone touched them inappropriately? Should we believe them? After all, don’t children lie?

These are all questions that might have run through your mind. Since we just tried a child molester in one of our courtrooms and a young child was a key witness, I feel that this is an appropriate time to address these questions.

First, if a child tells you that someone has touched them inappropriately, it is very important to remain calm. If the child senses that you are excited or upset, the child might feel that they’ve done something wrong and clam up.

You don’t have to say anything. Just listen… and listen carefully. When a child first discloses abuse to an adult, that disclosure and the details thereof are generally admissible in court if there is a future prosecution.

It is a good idea to jot down everything you can remember about the child’s statement to you.

However, this should only be done after the child has finished talking to you. You want to be a good listener first and foremost.

It is okay to ask questions of the child if it’s necessary to protect the child from future danger but be sure and let the child say everything they wish to say before asking any questions.

Try to keep your questions to an absolute minimum. Don’t lead the child into saying anything.

Don’t ask any questions in such a way that the child might think that you are suggesting a certain answer. Be sure and remember that truth is paramount.

Assure the child that they did the right thing in confiding in you. Next, call the nearest law enforcement agency and report what you have been told. Then, call Child Protective Services and report what you have been told. Law enforcement and CPS will know what to do next.

Should you believe a child when they disclose alleged abuse? After all, practically all children are told over and over again that they need to tell an adult if someone touches their body inappropriately.

Why should we tell them to inform us about those things if we’re going to automatically assume that they are not being truthful?

It is my opinion that you should give a child at least the same chance at being credible that you would give an adult.

Maybe that answer surprises you a bit but I’ll tell you why I feel that way in the next issue.

Meanwhile, stay safe!
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