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In this type of criminal case, the state acts as the representative of the child and hence is officially the accuser. In that respect the accuser is always present before the court. If they can provide sufficient evidence to convince a jury or a judge beyond a reasonable doubt that the charged crime occurred, they can convict the defendant even if neither the child nor the person who brought the original report is present. Prosecutors may choose to not have the child present at all in order to protect the child, especially if they believe the rest of the evidence is more than sufficient. The need for the presence of the person who made the initial accusation is somewhat more ambiguous. If their accusation was the basis for warrants issued that resulted in gathering critical evidence, then the defense may subpoena them and compel their presence to questioned in court to attack the validity of the warrants and to suppress any evidence coming from them. If the police initiate an investigation and gather evidence that did not depend on the initial accuser, then they may not even have to be identified, let alone be present.
Obviously there are also cases where the accuser dies before the case comes to court but has provided a sworn deposition that may be entered into evidence. The deposition may be less compelling than placing the accuser on the stand and allowing cross-examination, but the evidence may still be allowed as part of the prosecution and may be key in the decision to convict.
What else can I help you with?
Can a police officer question a minor about abuse that the child alleging without a parent present?
If the alleged abuse is about the parent then yes.
Is kicking your children child abuse?
yes because if you cause an harm to your child its counted as child abuse
What books can prevent child abuse?
Some of the books that are helpful in preventing child abuse are "Understanding Child Abuse & Neglect", "Child Abuse: Implications for Child Development and Psychopathology (Development Clinical Psychology and Psychiatry)", and "Child Abuse and Culture: Working with Diverse Families".
In Washington state do you have the right to face your accuser in a criminal trial if their name has already been disclosed in court documents?
You have the right to face you accuser in a criminal trial regardless of whether or not their name has been disclosed. However, if the accuser is a child, the court may decide that it would be too difficult for the child to testify publicly.
Can a homeless mother be charged with child abuse in CA?
No not with child abuse, but child endangerment. She will be charged with abuse if she abuses her child! (i am a law enforcement officer)
Is child abuse considered a social issue?
Child abuse is a epedemic
Who is responsible to report child abuse?
the one who see child abuse
Is it child abuse to choke your child?
Yes; physically hitting or hurting your child in ANY way is child abuse.
How are substance abuse and child abuse linked?
Substance and child abuse are similar because they both are the resulting direction of one's emotions. In substance abuse, the person tries to drown out their emotions by drinking. In child abuse, the person takes their emotions out on the child.
How child abuse happen?
child abuse happen mostly when people want to
How is child abuse stressful?
child abuse is stressful, because it can really impact that child throughout their lives
Report anonymous report child abuse ma?
If there is child abuse, report it to child protection services.
