Testify

If the case will proceed to trial, victims should expect to testify. In Superior Court cases, adult victims may also testify before the grand jury.

• Adult victims: Testimony before the grand jury is less formal than in a courtroom setting. The grand jury proceedings are not open to the public. The offender is not present. There is no judge and no defense lawyer. The prosecutor asks the victim questions about the crime to establish what happened and the identity of the offender. The testimony usually takes less than an hour. For more information about the indictment process, click on Initiation of Prosecution.
  
  Testifying at trial is somewhat more formal. The victim waits outside the courtroom until it is her turn to testify. The prosecutor is the first person to ask questions. When the prosecutor is finished, the defense attorney cross-examines the victim. The defense attorney’s questions may challenge the victim’s memory and description of what happened and/or the victim’s credibility. After the cross-examination, the prosecutor can ask additional questions to “clarify” any confusion caused by the cross-examination. The judge makes sure that questions asked by the attorneys are appropriate according to specified legal rules. The length of trial testimony varies depending upon the case and the evidence. The prosecutor and victim witness advocate will prepare the victim for what to expect about the length and content of their testimony.
  
  On rare occasions, a victim’s testimony is required at other stages of the case before the trial. No matter when the testimony occurs, however, a prosecutor and a victim witness advocate should work with the victim in advance to prepare for her testimony. The prosecutor helps prepare the victim for what types of questions will be asked of them and to review the rules of the court. The victim witness advocate will help the victim anticipate what feelings the experience of testifying may evoke and helps provide support in advance of, and during, their participation in a trial.
  
  Many victims are concerned about testifying. Victims should know that the majority of criminal prosecutions are resolved without a trial because the defendant pleads guilty. The most important factor in a defendant’s decision to plead guilty is the quantity and quality of evidence against him, including the strength of the victim’s anticipated testimony. For further discussion of guilty pleas, click Dispositions in Stages of Prosecution.
  
  
• Child Victims: If the victim of a crime is a child and there is a trial, the child will likely have to testify. Young children are asked questions by a judge to determine that they will be “competent” witnesses. This means that the judge has to be satisfied that the child is able to recall and relate facts about what happened and understand the oath all witnesses must take to tell the truth. Many prosecutor’s offices have a policy that does not require children to testify before the grand jury. . Instead, prosecutors may submit a videotaped interview of the child by a specially trained interviewer or the testimony of of a police officer or another adult to whom the child reported the crime.
  
  Many parents are reluctant to have their children testify. Although the surroundings of a courtroom and confronting the defendant can be intimidating, testifying can also be an important part of the healing process for a child. Parents and prosecutors should consider the child’s age, maturity, mental health needs, and support available to the child to determine whether the child is able to testify. If a child is going to testify, the prosecutor and victim witness advocate help prepare the child for the testimony and for their courtroom experience.

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