Legal Question in Criminal Law in New Jersey

Sexually misconduct on a minor child

I would like to know can a three old child be used in a court of law as a witness in a crimal case as a creditable witness. Also my understanding Thier are no witnesses to an act of sexually misconduct or physical evidence. The three year old child was heard by a family member saying, ''suck my we we''. Parent asked who said this to three year old, and he replyed with name of another child. Both children are minors. Three weeks later parent states three year old states boy's name sucked my we we. Charges are filed as other child receiving oral sex from a three year old.How would you defend child #2 acussed.


Asked on 1/16/04, 12:04 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Sexually misconduct on a minor child

Children of tender years are very suggestible. I would hire a psychiatrist specializing in this problem and be guided by him in the defense and use him as a witness.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 1/16/04, 1:02 pm
Paul DaSilva DaSilva & Pinho

Re: Sexually misconduct on a minor child

A witness who is extremely young can be disqualified as a competent witness with the right legal moves. Contact me at paul@dasilvapinho for a consult.

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Answered on 1/16/04, 3:07 pm


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