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As the fifteen-year-old female complainant testified that her father had raped and impregnated her, “Rosie,” a therapy dog trained to comfort people under stress, would sit by the teen’s feet and nuzzled her.
According to a recent New York Times article, prosecutors and defense attorneys alike have described the golden retriever as “adorable,” which has become a topic of debate in criminal trials.
If even the attorneys are captured by the dog’s cuteness, isn’t it possible that jurors will be unfairly swayed to care more for the complainant and believe him or her if there is an adorable dog nuzzling the witness to calm him or her down? Some fear that by the dog comforting the witness, jurors may equate the witness’ stress with the difficulty in telling the truth.
According to the NYT article, dogs are starting to be used in non-sex cases and even with adults. A 57-year-old “developmentally disabled” gentleman had a courtroom dog near him as he testified against a man who allegedly conspired to steal from him.
While these dogs may be a great asset during therapy and trial prep, are they really appropriate to be present in front of a jury? Do you think an adorable dog nuzzling a young witness would make you believe the witness was telling the truth? If dogs are allowed to sit with witnesses, why not allow victim advocates or caseworkers sit next to the children on the stand?
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