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Child Victims in Criminal Prosecutions FAQs
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Q. Can the courtroom be "closed" when my child
testifies?
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A. Maybe. In some compelling circumstances, the court
may order the courtroom closed by prohibiting any person who lacks a
direct interest in the case, including members of the press, from being
present when a child testifies. Before a court may do so - it must first
find that an open courtroom would cause "substantial psychological
harm to the child" or the child would otherwise be unable to
effectively communicate. See 18 U.S.C. §3509(e).
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Q. If my child is a victim/witness, who advocates for the
interest of my child?
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A. In some circumstances, the court may appoint a
"guardian ad litem." A "guardian
ad litem" is someone who represents the
best interests of your child. A "guardian ad litem"
is permitted to attend all judicial proceedings in which your child is
required to participate including depositions, hearings and the actual
trial. It is the guardian's responsibility to make recommendations to the
court that serve the best interests or welfare of your child. See 18
U.S.C. §3509(h).
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Q. May I accompany and remain with my while she testifies?
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A. Your child does have the right to be accompanied by
an adult attendant, not otherwise involved in the case, who is there to
emotionally support your child. This may include being able to remain in
close physical contact, including holding your child's hand or permitting
your child to sit on the attendant's lap. See 18 U.S.C. §3509(i).
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U.S. Department of Justice,
Criminal Division ° Child Exploitation and Obscenity Section (CEOS)
1400 New York Avenue,
6th Floor ° Washington,
D.C. 20530
Legal Policies | Privacy
Policy | Criminal Division Home Page | DOJ Home Page
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