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June 30, 2005
Bill to protect young abuse accusers closer to law
'Cole's Law' would allow children to testify without facing alleged molesters
A bill that would give frightened children who have been victims of child abuse a chance to testify without being in the same room as their alleged molester is closer to becoming law.
“Cole’s Law,” introduced by state Sen. Abel Maldonado, R- Santa Maria, would allow children who have been abused to testify in a separate room from the accused molester.
The child’s testimony would be televised to the main courtroom. The bill passed the Public Safety Committee Tuesday.
“We have children who are afraid to testify” because the presence of the alleged molester terrifies them into silence, said Tom Kise, an aide to Maldonado.
One of those children is a San Luis Obispo boy named Cole, who four years ago was allegedly abused. When it came time for him to testify, he could not.
“These children deserve the opportunity to tell their side of the story,” said Maldonado, who named the bill “Cole’s Law.” “Without this legislation, their testimony would go unheard and sexual predators would go unpunished.”
The bill died in committee last year over objections that the accused’s Sixth Amendment rights would be violated if he or she could not confront the accuser, no matter that the accuser was a child.
The bill’s opponents also feared that a child could be coached by a prosecutor.
But the current version allows the accused’s attorney to be present while the prosecutor is questioning the child.
Now the bill goes to the full assembly. The Senate has passed it. Should the assembly join them, it would go to the governor for his signature. The federal government and 39 other states have similar laws, Kise said.
Posted by Nealus at June 30, 2005 12:40 PM
Comments
I can't believe America doesn't have this already. It's the best thing that has ever happened to my clients. If it gets passed, i also hope they take with it the "directional hearing law" and the legal legal classification of an affected child and special witness. My clients only give evidence once, via closed television.
Posted by: Michelle at July 2, 2005 10:49 AM
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