Does the victim have to be competent to stand trial?

California, United States of America


The following excerpt is from People v. Hernandez, D072591 (Cal. App. 2018):

Hernandez points out that at trial the victim sometimes testified in response to leading questions, sometimes gave inconsistent answers, and sometimes showed gaps in his memory. But these circumstances are relevant to the victim's credibility, not his competency. "Inconsistencies in testimony and a failure to remember aspects of the subject of the testimony, however, do not disqualify a witness. [Citation.] They present questions of credibility for resolution by the trier of fact." (People v. Mincey (1992) 2 Cal.4th 408, 444; accord, People v. Dennis (1998) 17 Cal.4th 468, 526 ["The trier of fact can evaluate these matters, when appropriate and otherwise permissible, in resolving the question of credibility."].)

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