Is my minor daughter required to testify against my minor son if under a subpoena?

Full question:

Is my minor daughter (11) required to testify against her minor brother (14) if subpoena is given? The charge is indecency with a child.

  • Category: Courts
  • Date:
  • State: Texas

Answer:

Statements of a child under the age of 13 who is a victim of sexual offenses or assaultive offenses made to the first person 18 years of age or older are an exception to hearsay rule and that person can testify directly as to what the child said to them.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In general, parents can refuse to testify against their children in criminal cases. However, this can depend on the circumstances and the nature of the case. If the testimony is deemed necessary for justice or involves serious crimes, a court may compel a parent to testify. It's essential to consult with a legal professional for specific guidance based on the situation.