In re K.B.

The Pennsylvania Superior Court affirmed the trial court’s decision that a minor was not competent to testify. Child Victim told her father that K.B. had touched her genitalia on two occasions. The Commonwealth charged K.B. with rape and related crimes. The trial court determined that Child Victim was not competent to testify. The Commonwealth appealed, and the Superior Court affirmed. The Court found the record supported the trial court’s ruling that Child Victim did not understand the duty and importance of telling the truth. Also, it was appropriate for the trial court to consider whether Child Victim understood the serious nature of the allegations against Juvenile. Finally, the trial court did not make credibility determinations, as the Commonwealth alleged.

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