Is there a difference between an adult and a child witness who refuses to answer questions?

California, United States of America


The following excerpt is from People v. Stone, C078779 (Cal. App. 2019):

There is, however, a significant difference between an adult witness who refuses to answer questions and a child witness who does the same. As explained in People v. Giron-Chamul (2016) 245 Cal.App.4th 932 at page 967: "An adult witness's difficult and defiant conduct, such as refusing to answer questions, gives rise to an inference that the testimony the witness does give is not believable. [Citations.] A similar inference does not arise when a child witness has difficulty answering questions. Indeed, a child's reluctance to answer questions, especially about sensitive subjects such as molestation, may enhance the child's credibility to the extent it suggests that whatever happened is too traumatic for the child to discuss."

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