Quote:
Originally Posted by DrPhil
What is the earliest age of memory for most people, especially for allegedly traumatic events? I remember both good and bad things from when I was in preschool (4) and elementary school (5). I'm almost 40.
Is it unreasonable for an 11 year old to remember something from the age of 3? Not if grown adults can remember something from preschool and elementary school.
The issue would be having a detailed memory that includes the full context and correct interpretation/translation of events.
|
The defendant only needs reasonable doubt. In the criminal context. In the civil context, the burden will be much lower, but still, there are going to be a number of barriers to the plaintiff before this 11 year old would be allowed to testify.
I don't think she'll really need to though, the civil trial will be about damages. His defense at this point can't be "I didn't do it," he is going to have to say, "I did it, but she shouldn't be paid because _____."
I can't imagine many jurors will find him persuasive.