State must reform rules of child testimony

Iam the mother of two children who, at ages 4 and 7, had to testify in front of their father at his trial. He was convicted of raping my daughter and sentenced to 36 years in prison.

The residual psychological and emotional effects of testifying have been catastrophic on my kids.

I am sharing our story with you in hopes that you will understand why New Mexico needs child testimony reform.

On my son’s 5th birthday, my daughter, then age 2½, disclosed to me that her father was abusing her. I grappled with what she had disclosed. But I listened to her. I believed her. I took action. I reported it to the police.

At the safe house exam and interview, the nurse told me the kids would have to testify and our lives would be turned upside down.

In my conversations with prosecutors and law enforcement, they told me that between 75 percent and 90 percent of child sexual abuse cases fall apart and can’t be prosecuted because the young victims are too traumatized to testify in open court.

In New Mexico, a child victim of sexual abuse is expected to walk into a room full of strangers, sit in the witness chair, swear to tell the truth,

and set aside that this was their father whom they loved and yet had hurt them and perhaps threatened their lives if they told anyone.

I had naively assumed the justice system was like I had seen on Law & Order, where the child would testify either through a closed-circuit TV or in the judge’s chambers. Prosecutors told me if the kids couldn’t testify, there would be no case. I didn’t feel like I had a choice. Our safety and our lives were in danger.

There was no way for me to know the full impact of what I was committing them to do.

I have learned that nearly all 50 states have made statutory changes to allow for alternative modes of testimony (like closed-circuit TV). Additionally, the federal courts also provide for closed-circuit testimony in certain cases with child victims.

My son, who is now 8 years old, wants to change the law to help other kids not have to go through the same hell he and his sister withstood. We are working with state legislators to introduce child testimony reform to protect these young victims.

The child welfare index isn’t just a number, it’s a symbol of how a state values and treats its children. New Mexico does not rate well on the child welfare index. Let the way child victims are treated by the New Mexico criminal justice system be a strong indicator that New Mexico must improve how it protects child victim witnesses.

The brutal and sad truth is this is how many perpetrators are able to silence their victims, because they know they will not be able to testify, and the abuse continues.

New Mexico needs to provide protections to the most vulnerable victims in our criminal justice system. New Mexico can do better. New Mexico must do better.

I am optimistic. Attorney General Hector Balderas has assigned legal experts to strengthen the legislation. Sen. Michael Padilla has agreed to carry the bill. Please contact your legislator and ask them to support child testimony reform.

New Mexico needs to provide protections to the most vulnerable victims in our criminal justice system.