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National Crime Victim Law Institute

Protecting Against Re-Victimization

January 09, 2017

The Oregon Supreme Court has accepted review in a critical case. In the case, defendant was convicted of attempted misdemeanor fourth-degree assault. At trial, despite being under subpoena, the child-victim did not appear to testify; the 911 recording with her statements was entered into evidence. On appeal, the Court of Appeals found that additional measures to secure the child-victim’s presence should have been used, indicating that use of law enforcement to compel the child’s attendance may be appropriate.  Fortunately, the request of Oregon Department of Justice for further review was granted, and NCVLI will be participating as amicus curiae.  We will argue that the Court of Appeals’ standard is unreasonable, promotes re-victimization, and cannot stand in the face of the child-victims’ rights. We will keep you posted!