Should a 3-year-old child's testimony to his teacher (on child abuse) be admitted in court?

[LWolf]

52. I don't know.

I'm a teacher, not a lawyer. I only have opinions to offer.

My pertinent opinions:

While the accused may have a right to face the accuser, the victim should also have the right not to be confronted, manipulated, or bullied by the abuser...regardless of age.

Children are much more easily influenced and damaged...and research says they are unreliable. When a child's testimony is needed in court, it can be provided by video, and obtained by professional psychologists; lawyers listening in can provide the questions.

A three yo is too young.

A teacher can report what was said and observed without offering interpretation. Very often, teachers fulfill their legal and moral obligation to report suspected abuse and/or neglect, but nothing ever comes of it. Visits and investigations by DHS generally don't turn up evidence of abuse unless it happens right in front of investigators or there are physical marks. That leaves a whole world of hidden abuse that never gets addressed. Children are often left in abusive and/or neglectful situations much too long, causing long-term damage.

Children have fewer rights than their parents, who are given the benefit of the doubt repeatedly. I understand the reasons why. I'm not suggesting we take children's words over their parents'; I'm saying that we have many, many, many children out there who need help but don't get it because our systems are inadequate and, in too many cases, our hands are tied.

I have these kids in my classroom every year. This month, a student and younger sibling, 7 years old, had to face their father in court and testify to his sexual abuse in the process of removing his parental right to unsupervised visitations. They are afraid of him. Last year, another student, an 11 yo, had to testify to, not only his own abuse, but the abuse of other children he'd witnessed in his home. Sitting on the stand with the abuser staring them down while they do so is traumatizing, to say the least.

Clearly, the testimony of older children is allowed in court. Three years old? If admitted at all, it should be by video, live-streamed or not, where the child is in a protected environment.