What is the general rule for the competency of child witnesses, and what issues may affect their testimony?

• A. Children can testify if capable of understanding and communicating truthfully; issues include memory, language ability, suggestibility, and vulnerability.
• B. All children under 18 are incompetent.
• C. Children must take an oath in a language they cannot speak.
• D. Competency is determined solely by age.

Answer: (A)

Competency of a child witness hinges on whether the child can understand the obligation to tell the truth and can communicate their statements clearly. Age alone doesn’t decide this—the court looks at the child’s ability to grasp questions, recall events, and convey honest answers. Common factors that can affect reliability include memory of what happened, language abilities to understand questions and express responses, and susceptibility to suggestion or coaching, as well as the child’s vulnerability or distress in the situation. If the child demonstrates sufficient understanding, they may testify, with appropriate safeguards or accommodations as needed. The other statements go astray because competency is not determined solely by age, and taking an oath in a language the child cannot understand would not be appropriate.