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I heard this case and got interested. Relative of my acquintance got jailed because of child sexual abuse (child aged 8-9).

But here is what confuses me. There is no proof whatsoever about this, no facts, or witnesses.

Just what the child said to the psychologist. My question is can just the fact what child said to psychologist enough to jail person for years? How is the practice in world about this?

For me this just doesn't make sense and I am also asking out of curiosity.

It is in Caucasus Region.

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    Does this answer your question? What does it take for witness testimony to be believed?
    – Ryan M
    Feb 9, 2021 at 18:12
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    Armenia, Azerbaijan, Georgia and Russia – and possibly other places that you have in mind – have different legal systems. Do you mean "can the police imprison a person indefinitely without a trial?". Or do you mean is that sufficient grounds for an arrest?
    – user6726
    Feb 9, 2021 at 18:25
  • @user6726 Yes, there was trial and they imprisoned him for several years as far as I know. No facts, no witness, no expertise proof. The psychologist can't be a guarantee that child said 100% truth right? On the one hand I ask out of curiosity, but on the other also because that one is relative of someone I know. Country is actually Georgia. Is there something that can be done in such cases?
    – user36667
    Feb 9, 2021 at 18:28
  • I suggest starting with a more general question on rights of the accused, and burden of proof, in R. of Georgia (not the state).
    – user6726
    Feb 9, 2021 at 18:32
  • @user6726 Can you elaborate what you mean? I am OP just didn't finalize registration process. Also not much familiar with law.
    – user36668
    Feb 9, 2021 at 18:36

1 Answer 1

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Child Sexual abuse - can you jail person just based on what child said?

Under U.S. law, yes.

There is no proof whatsoever about this, no facts, or witnesses

Testimony of a witness is evidence.

There is a witness, the child, and another witness, the psychologist, who heard the child and testified. Those are facts and witnesses.

Assuming that an exception to the hearsay rule and confrontation clause can be secured (which it certainly can for purposes of a probable cause determination to make an arrest and sometimes can and sometimes can't for purposes of a conviction), what the child said can be presented through the psychologist, which is admissible evidence.

The fact that something was said by a child does not make it not evidence, nor does it make it inadmissible. The rules governing when hearsay is admissible as evidence are arcane at best and very circumstance dependent.

A jury can choose to believe that any particular item of evidence is sufficiently credible to constitute proof beyond a reasonable doubt. Credibility and weight are for a jury, not for the judge and not for an appellate court.

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  • Hm so strange user6726 (who has high reputation) said in the last comment above that in US: No it's not possible. How come?
    – user36670
    Feb 9, 2021 at 19:10
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    The hearsay issue is essential: I guess if he says that such testimony would be allowed in the US then you can believe him. Hearsay rules are similar to voodoo.
    – user6726
    Feb 9, 2021 at 19:20
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    I think my claim may be true for Washington which only allows hearsay when there is corroborative evidence, lacking in your case. This may be a legal response to the Wenatchee witch-hunt, so I don't know how general that condition is.
    – user6726
    Feb 9, 2021 at 19:33
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    You don’t make it clear that the child can (and probably did) testify. Certainly in Australia, children can testify in court although there are special rules on anonymity and cross-examination.
    – Dale M ♦
    Feb 9, 2021 at 22:59
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    @user6726 because they are a material witness
    – Dale M ♦
    Feb 10, 2021 at 1:48

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