Closed-circuit testimony for an elderly crime victim

It is a procedural mechanism that spares an elderly victim from having to testify in the same room as the accused, when the judge determines that presence would likely prevent them from communicating effectively. The testimony is received in real time, under oath, with the right to cross-examination, but from outside the courtroom via a one-way or two-way closed-circuit system.

Every elderly person — defined, for this Rule, as anyone who had turned sixty (60) at the time of the events, under the 2012 Penal Code and Act 121-2019 — who was the victim of a crime involving abuse, financial exploitation, physical or sexual assault, failure to pay court-ordered support, abandonment of the elderly, or neglect in the care of the elderly. The same mechanism already reached, before this law, minors, people over 18 with a judicially determined mental incapacity, sexual-assault victims, and victims of Act 54-1989 crimes.

• That the testimony be given during the judicial process.Verified against the official source
• That the judge has previously determined that, due to the accused's presence, the witness — though competent to testify — probably would suffer serious emotional disturbance impeding effective communication.Verified against the official source
• That, at the time of testifying, the witness be under oath or affirmation with the proper warnings.Verified against the official source

Information pending verification.

1. 1

   Step 1: Confirm the victim was 60 or older at the time of the crime

   The Rule defines "elderly" or "person of advanced age" as anyone who had turned sixty (60) at the time of the events, under the 2012 Penal Code and Act 121-2019, the "Older Adults' Bill of Rights and Public Policy."

2. 2

   Step 2: Confirm the crime fits the six categories

   Abuse, financial exploitation, physical or sexual assault, failure to pay court-ordered support, abandonment of the elderly, or neglect in the care of the elderly.

3. 3

   Step 3: Have the court, the prosecutor, or the witness themself request closed-circuit

   The court, on its own initiative or at the request of the prosecution or the witness or victim, may order that they testify outside the courtroom via a one-way or two-way closed-circuit television system, if the Rule's three conditions are met.

4. 4

   Step 4: The testimony is still under oath and subject to cross-examination

   The exposición de motivos clarifies it: "the testimony can be received in real time, under oath, and with the opportunity for cross-examination by the parties, thus complying with due process and confrontation-of-witnesses principles." Closed-circuit does not eliminate those guarantees.

This mechanism is requested within a criminal case already filed before the Court of First Instance; it is not a standalone procedure. The Prosecution (Fiscalía), the victim themself, or their representative can request it, or the court can order it on its own.

• Thinking being over 60 is enough on its own: the crime must also be abuse, financial exploitation, physical or sexual assault, failure to pay support, abandonment, or neglect in care.
• Believing closed-circuit is automatically granted: the judge must first determine the accused's presence would likely cause serious emotional disturbance impeding effective communication.
• Assuming closed-circuit testimony is not under oath or subject to cross-examination: it is.
• Confusing this protection with a protection order: they are different mechanisms, whether within the same case or in separate ones.

These are the government pages this guide is based on.

• Poder Judicial de Puerto Rico

  Poder Judicial

  bvirtualogp.pr.gov