A child too young to testify makes non-testimonial statements about abuse

This wikilog article is a draft, it was not published yet.

by: Ryan • March 26, 2015 • no comments

Perhaps the most challenging situation for an attorney is when a child who is incompetent to testify made statements of abuse against your client that are -- because of the context in which they were made -- nontestimonial. In other words, the statements may actually come into evidence, even though the child will not testify. What do you do?

Here's what Richard Friedman suggests, and you need to start the moment you get the case.