77-37-4. Additional rights -- Children.
In addition to all rights afforded to victims and witnesses under this chapter, child victims
and witnesses shall be afforded these rights:
(1) Children have the right to protection from physical and emotional abuse during their
involvement with the criminal justice process.
(2) Children are not responsible for inappropriate behavior adults commit against them
and have the right not to be questioned, in any manner, nor to have allegations made, implying
this responsibility. Those who interview children have the responsibility to consider the interests
of the child in this regard.
(3) Child victims and witnesses have the right to have interviews relating to a criminal
prosecution kept to a minimum. All agencies shall coordinate interviews and ensure that they are
conducted by persons sensitive to the needs of children.
(4) Child victims have the right to be informed of available community resources that
might assist them and how to gain access to those resources. Law enforcement and prosecutors
have the duty to ensure that child victims are informed of community resources, including
counseling prior to the court proceeding, and have those services available throughout the
criminal justice process.
Enacted by Chapter 194, 1987 General Session
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Last revised: Thursday, May 28, 2009