AMothersTears
04-01-2005, 07:37 AM
In 2002 a man molested my daughters, then age 3 and 5. This man is a repeated offender and posted on the megans law list. Due to a new case law passed in 2004 Crawford vs Washington, the Tender Years Exception, which is a case law protecting child witnesses from testifying in court and allowing video taped statements, confessions, testimony from various social workers etc..., will most likely not be allowed in the court. Child victims, like my daughters will eigther be forced to take the stand and be crossed examined or the cases will be dismissed. What this does is give any pedophile a license to molest whomever he chooses, so long as he is careful to choose the right victim. where are the support groups? where are the other mothers fighting this fight alone? where are our kids rights if crawford vs washington weighs over tender years??
elklaw
04-24-2005, 10:20 AM
I am sorry for your pain. Your daughters' age makes their testimony subject to a lot of debate about reliability and questions about if therapy may shape theie responses. If not now, this could happen on appeal. So the prosecutor may see that even if there is a conviction, it would likely get overturned so is opting to not prosecute. You can attend the hearing and request that the court hear you, but it sounds like a circumstantial case only and not enough or any physical evidence.
dbf65542
10-05-2005, 08:48 PM
i am sorry to hear that i have a nine year old daughter and i know if that happened to her the son of a ***** would not even make it to court i would blow his ****ing head off!!!!!!!!!!!
Don Jones
10-14-2005, 12:45 PM
While, I can relate to your pain, the problem is NOT with the issues or deciswion in Crawford v. Wasington but in its provisions being applied in aareas that it was never intended to address. This case was about allowing hearsay evidence by CPS workers/investigators in dependency/termination case under ther juvenile court rules to take away an adult's parental rights even thought the issue is adult rights and the hearsay evidence would not have been admissable in the adult courts. The issue was NOT where the Tender Years act was valid or invalid. The issues did NOT involve the rights of avictum to see justice just because the victum was a small child or because the witness was a small child.
I wish you well in your healing as i just had a similar decision made by a prescutor in a case against my granddaughter's great uncle, and like you I have anger and pain over that decdision. However, having been the victum myself of CPS's misuse of hearsay evidence, I applaud the Supreme court in halting the use of hearsay evidence in dependency/termination hearings.
Don Jones