Child Sexual Abuse Case

The prosecution should not entirely use the testimony of the victim of child sexual abuse against the defendant. There are several reasons behind this. One of the reasons is that there is a possibility that the first victim suffered some severe mental health altercations as a result of the traumatic encounter, and she might not be in a position to provide accurate testimony. However, the prosecution should not wholly overlook a victim's testimony since it may contain essential components for the trial. 

The victim’s testimony alone is not sufficient to prove that the suspect indeed is guilty as he pleaded. Other case-building elements ought to be under consideration. Additional evidence should be incorporated in the prosecution process to build up the case before the victim gives her testimony. First, DNA evidence is a crucial component in a child sexual assault case, and it may entail the types of clothing obtained from the scene and biological pieces of evidence. Even though there was video evidence provided in the court, it needs to undergo authentication. 

Under Federal law, Victims of Child Abuse Act of 1990, children victims or witnesses are potentially able to testify. However, the court needs to verify a few issues before the child testifies. The first factor to consider is the capacity for the truthfulness of the child. There is no proper assurance that the child will tell the truth or fantasize about the fact. Secondly, there is no assurance that the child had a sufficient mental capacity to decode the whole experience's chronological events at the time of the incident. 

Lastly, there is also no guarantee that the victim is in the right capacity to communicate and translate honestly the recollection of what happened. The child may not understand the simple question presented to her during the prosecution and may give inaccurate responses. Therefore, it is imperative to weigh specific issues before using a child's testimony in the prosecution process.