Q: is it likely- without a special hearing pretrial- that the court will allow testimony from a now 12yr old about alleged
sexual assault occuring 6+ years ago? this child has a history of making non-sexual accusations and of herself sexually assaulting another child. how far can a defense attorney go in asking questions re: her background?
A: At 12 years old, competency to testify would generally be presumed absent additional concerns. An attorney could certainly ask the court for a competency hearing if there were specific concerns about this particular witness’s competency to testify. The additional concerns you raise about making non-sexual accusations (I gather that you are suggesting that these are not true) and sexually assaulting might be admissible. But that is a very fact-specific inquiry and is dependent upon the facts of the case. You would want to address this issue with you attorney directly.
A: Yes, it is likely. But much depends upon specific facts in a specific case. And we don not know those facts. The defense attorney of record, should however. A prosecutor could attempt to limit a defense attorney's question of an accuser in a sex case. On the other hand, a defendant has a right to present a defense, and to cross examine prosecution witnesses. Here again, much will depend upon the known facts. An attorney will want to have a factual basis for asking questions. And an investigator can be helpful here. It's tough to say more without being the defense attorney, with access to the information and a way to get it.
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