This is for a story I’m writing. A small part of the story involves a parent being prosecuted for assault, various different child neglect and abuse charges, and attempted murder. They all involve the same victim. Would they be in one trial? Or would the offence of attempted murder have a separate trial whereas the assault and child abuse charges would be tried together? The same victim is involved, and mostly the same witnesses, and some of the same physical evidence.
The parent is also charged with crimes not relating to the child, and those I assume would have a separate trial. The evidence came to light at the same time as the other offences, but different victims, witnesses and physical evidence are involved.
I’m also wondering about how much would be reported in the press. Because the case involves a minor I assume the trial would be in a closed court. However, would the indictment also be sealed? Or would the press be able to say “John Smith has been charged with child neglect, assault against a child under ten…” etc, even though that makes the victim’s identity very easy to guess?
I think that’s what is called ‘lesser included charges’.
Normally, the prosecutor would charge them with all these crimes, and they would all be considered in one trial. Then the jury could decide that the were guilt of child neglect & abuse, and assault on the child, but that there wasn’t enough evidence that they actually intended to murder the child, so finds them not guilt on that charge.
Thank you! For my purposes that’s enough confirmation that I haven’t got it completely wrong.
No, closed courts are usually only for national security reasons, and rare at that. With young victims giving evidence it’s common nowadays to be done remotely via video, or for the witness box to be screened off so that only the judge, jury and the legal teams can see the witness.
No.
Once the process goes sub-judice, the press would be able to report “A man, 48, has been charged…” which protects the victim’s identity somewhat from the wider public (these reporting restrictions are usually for minor victims, and more generally for sexual offences) Of course, there’s lots of people who will know anyway what the real deal is, but that can’t be helped. People really do need to be careful what they post on social media though when there are reporting restrictions in place.
Hmm, that makes it sound as though, if a child reports sexual abuse, they will, essentially, be outed in the press as a victim by their parents’ names and charges being revealed after the verdict, and reporters being allowed to witness the trial. That doesn’t seem right.
The story I’m writing is from before video evidence was a standard option, FWIW.