Commonwealth v. Gibson

By Judge William H. Ledbetter

The issue before the court is the competence of the eight-year-old prosecutrix to testify in this child molestation case.

Background

Mr. and Mrs. Gibson are charged with sex offenses such as rape and inanimate object penetration, and their joint trial is set with ajury for April 22, 2002.

*297The alleged victim is their eight-year old daughter. The Commonwealth intends to call her as a witness at trial. Counsel for the defendants have filed motions to exclude her testimony because of incompetence as a witness or, at least, to have her evaluated to determine her…