Protections Exist for Children During Court Proceedings

What Protections Exist for Children During Court Proceedings?

When children accuse adults of physical or sexual misconduct, their parents or guardians may help them put their alleged abusers through criminal prosecution or assist them in filing civil claims. They will typically hire child sex abuse lawyers to provide the necessary legal guidance along the way.

However, to bring these alleged abusers to justice, children are often required to participate in court proceedings. This can expose them to more emotional trauma than they have already endured if the proper protections are not put in place.

Fortunately, California has laws designed to protect minors during court proceedings. Learn about them below.

Their Testimony Can Be Closed to the Public and Kept Confidential

Some children are understandably concerned about appearing in courtrooms filled with people and testifying about their alleged abuse. For this reason, California Penal Code §859.1 entitles anyone under the age of 16 to testify during a hearing closed to the public. It also entitles them to keep everything they discuss during their testimony confidential.

To be clear, not all children receive this protection. The prosecutors and child sex abuse lawyers involved in cases must specifically request for judges to allow them to testify during hearings closed to the public.

Judges will decide whether to enable them to do this after considering the following:

  • Their exact age
  • The nature of their abuse allegations
  • The impact their testimony could have on them if it’s made public

They’re Provided With Safe Spaces To Wait Before Testifying

In addition to potentially closing their testimony to the public and keeping it confidential, California courts aim to ensure children are completely comfortable in the time leading up to their court appearances. Under California Penal Code §868.6, they do this by providing a designated “non-threatening environment.”

Said environment is created in rooms either inside courthouses or in buildings nearby. This prevents minors from being forced to sit in spaces that could cause them to feel stressed or scared before making their way into courtrooms to face questions from their child sex abuse lawyer and the defense’s legal team.

They’re Offered a Variety of Other Protections

Under California Penal Code §868.8, child abuse victims under the age of 11 gain access to even more protections during court proceedings in California. Here are several examples:

  • Receiving breaks during their testimony that let them leave the courtroom for brief periods
  • Encouraging judges to remove their robes during their testimony to avoid intimidating them
  • Moving proceedings out of certain courtrooms and holding them in more hospitable spaces

California courts are also directed to proactively protect children from the possible predatory behavior of adults involved in their cases. The state’s laws require the courts to take protective measures to stop them from being coerced or intimidated as they await their turn to testify.

An experienced child sex abuse lawyer will go to great lengths to ensure the children they’re representing are adequately protected while working to help them collect survivor compensation. They may, for example, push for confidential settlements in their cases or ask prosecutors to take some or all of the steps listed here to protect the overall well-being of minors.

Trust a Child Sex Abuse Lawyer From Our Firm To Protect Children in Court

Testimony from children often plays a key part in the success of child sexual abuse cases in California. Still, a dedicated child sex abuse lawyer shouldn’t ever put the importance of this testimony above taking steps to protect their clients during court proceedings.

Attorneys from The Cifarelli Law Firm actively work to protect children involved in legal cases. Call us at (949) 502-8600 to hear how we can help.

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