Title 5 — Judicial Procedure
63 chapters · 721 sections in this title.
5 V.I.C. § 3511 Short title
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This chapter shall be known and may be cited as the “Child Victims’ and Child Witnesses’ Rights Act”.
5 V.I.C. § 3512 Definitions
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(a) As used in this chapter, unless the context clearly requires otherwise:(a) “Adult attendant” means an adult who accompanies a child throughout the judicial process for the purpose of providing emotional support who may be an advocate, counselor, therapist, the non-offending p…
5 V.I.C. § 3513 Alternatives to Live In-Court Testimony
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(a) Child’s live testimony by two-way closed-circuit television:(1) In a proceeding involving an alleged offense against a child, the attorney for the Government, the child’s attorney, or a guardian ad litem, appointed under section 3519, may move the court for an order that the …
5 V.I.C. § 3514 Competency Examinations
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(a) Nothing in this section may be construed to abrogate Rule 601 of the Virgin Islands Rules of Evidence. (b) A child is presumed to be competent. (c) A competency examination of a child witness may be conducted by the court only upon written motion and offer of proof of incompe…
5 V.I.C. § 3515 Privacy Protection
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(a) A person acting in a capacity described in subsection (b) of this section, in connection with a criminal proceeding shall:(1) keep all documents that disclose the name or any other information concerning a child in a secure place to which no person who does not have reason to…
5 V.I.C. § 3516 Closing the Courtroom
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When a child testifies, the court may order all persons excluded from the courtroom except for the adult attendant, including members of the press, who do not have a direct interest in the case. Such an order may be made if the court determines that requiring the child to testify…
5 V.I.C. § 3517 Victim Impact Statement
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In preparing the presentence report pursuant to Rule 32(c) of the Virgin Islands Rules of Criminal Procedure, the probation officer shall request information from the multidisciplinary team and other appropriate sources to determine the impact of the offense on the child victim a…
5 V.I.C. § 3518 Use of Multidisciplinary Teams
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(a) The court shall use a multidisciplinary team when it is feasible to do so. The court shall work with the Government and its established multidisciplinary teams designed to assist child victims and child witnesses, and the court and the attorney for the Government shall consul…
5 V.I.C. § 3519 Guardian Ad Litem
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(a) In order to protect the best interests of the child, the court shall appoint, and provide reasonable compensation and payment for expenses for a guardian ad litem for a child who was a victim of a crime involving abuse or exploitation. The court also may use its discretion to…
5 V.I.C. § 3520 Adult Attendant
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(a) A child testifying at or attending a judicial proceeding has the right to be accompanied by an adult attendant to provide emotional support to the child. The court may allow the adult attendant to remain in close physical proximity to or in contact with the child while the ch…
5 V.I.C. § 3520a Speedy Trial
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In a proceeding in which a child is called to give testimony, on motion by the attorney for the Government or a guardian ad litem, or on its own motion, the court may designate the case as being of special public importance. In cases so designated, the court shall, consistent wit…
5 V.I.C. § 3520b Stay of Civil Action
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If, at any time that a cause of action for recovery of compensation for damage or injury to the person of a child exists, and a criminal action is pending that arises out of the same occurrence and in which the child is the victim, the civil action must be stayed until the end of…
5 V.I.C. § 3520c Testimonial Aids
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The court may permit a child to use anatomical dolls, puppets, drawings, mannequins, or any other demonstrative device the court deems appropriate for the purpose of assisting a child in testifying.
5 V.I.C. § 3520d Prohibition on Reproduction of Child Pornography
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(a) In any criminal proceeding, any property or material that constitutes child pornography, as defined by title 18, section 2256 of the United States Code, must remain in the care, custody, and control of either the Government or the court. (b) Notwithstanding Rule 16 of the Vir…