Full question:
In a criminal rape case where the perpetrator had a hearing to see if the mother of the child victim to ask the court to have the mother evaluated to see if she is sane, seeing that she will be the only one testifying against the perpetrator.
- Category: Criminal
- Date:
- State: South Dakota
Answer:
A motion can be made for a mental examination of a witness's competency, but the judge has discretion to grant it. The court will make a subjective determination based on the facts and circumstances of the case. Psychiatric evidence regarding a witness's mental state, which may affect their ability to observe, recall, or communicate, can be used to challenge their credibility. For further details, refer to relevant case law.
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