Uncharged Misconduct Evidence in Child Abuse Litigation

Child abuse is maddeningly difficult to prove. Maltreatment occurs in secret, with the child usually the only eyewitness. Unfortunately, many victims are too young to testify. While most children three years old and older possess the psychological capacity to testify, a significant number do not take the stand.

Of those who do, some are ineffective witnesses. In sex abuse cases the evidentiary vacuum created by lack of eyewitnesses is often compounded by a paucity of physical evidence because sexual abuse seldom results in physical injury.