JUST IN CASE
You are testifying in court

Testifying in court, while difficult and trying for many adults, may be a highly traumatic experience for a teen victim of abduction or sexual exploitation. Repeated questioning, lengthy delays, testifying in front of the accused, and other legal requirements may be intimidating and can increase your anxiety and sense of helplessness. While victims need to work through their trauma and eventually put bad memories behind them, the legal system demands that they need to recount their victimization and hold the memory of the event fresh in their minds for a time. Not all teens suffer such trauma, however, and many victims have benefited from new procedures that enhance their participation in the legal process. Many witnesses derive great satisfaction from helping to bring the facts of the case to light and ensuring that justice is done.

The Courtroom Process. To testify in court means to answer questions under oath. An oath is simply a promise to tell the truth. There are a number of cases in which you may be asked to testify in court. You may have been physically abused or neglected or involved in a custody or visitation dispute if your parents are going through a separation or divorce. You may have been a victim of sexual abuse or exploitation (child pornography or prostitution) or another kind of crime such as physical assault or robbery. You may have been injured and involved in a civil suit for damages. Or, you may have been the victim of a parental or family abduction. You may also have to testify in court if you were simply a witness to a crime or accident.

Depending on the kind of offense and the state laws, you will testify in criminal court, civil court, or family court. Common names for family court include juvenile and domestic relations court. Matters of child abuse and neglect are usually handled in juvenile court; divorce and custody cases are generally heard in domestic relations court. Many cases of child-sexual abuse or exploitation, however, are also heard in criminal court.

When criminal charges are filed and the person accused of the crime, the defendant, doesn’t plead guilty, a criminal trial is held. The case will be heard either by a judge alone or by a judge and jury, a group of citizens appointed to hear the case. In a jury trial, the jurors will listen to the evidence and decide the outcome. Also present in the courtroom will be the bailiff, who’s a kind of police officer for the court; a court reporter to record what’s said, and a court clerk to administer the oath. Furthermore, the judge will allow spectators and newspaper, radio, and/or television reporters, but usually not other witnesses, in the courtroom while you testify. In certain cases, the judge may ban spectators and reporters from the courtroom if your testimony is on a sensitive or embarrassing subject.

Each side will have its own attorney present to ask witnesses and the victim(s) questions and argue the case. The prosecutor will try to prove beyond a reasonable doubt that the person accused of the crime broke the law. The defense attorney acts on behalf of the defendant. They will both question the victim(s) and witnesses. The defense attorney will attempt to show that the victim’s version of the events that took place aren’t true or that the victim is an unreliable witness. As a victim you may have to tell the facts of the case in detail to each attorney and should expect to be questioned closely.

The judge can play an important role in helping a victim or witness testify. For example, the judge can provide alternative seating, shorten the length of time you are required to testify, and control the defense attorney’s use of cross-examination to prevent harassment.

The family court process differs from the criminal court process in several important ways. While a criminal trial generally involves a jury, the family court trial doesn’t. Family court generally has a more relaxed and private atmosphere. Testimony in family court may be presented in the judge’s office or chambers. There are only a few people present during testimony in family court including the child witness, support persons, the judge, the court reporter, and the attorneys for both sides.

Many states appoint a special attorney or citizen advocate, called a guardian ad litem, to ensure proper protection of the child in family court. The guardian ad litem represents only the child and serves in addition to the attorneys representing both sides. The family court may use a specially trained volunteer who isn’t an attorney, often called a court-appointed special advocate (CASA), instead of a guardian ad litem.

Preparing to Testify. Remember that you will have a better case against an offender if you are considered to be a reliable witness — that is, tell the truth in a clear, thorough, and comprehensible manner. If you can’t testify, and there’s no other evidence available, defense attorneys know that the case usually can’t be proved. Below is a list of suggestions that may help you prepare to testify.