Nature of the Case
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Facts
Ricketts (D) was indicted and tried for the rape of a five-year-old girl. The child was the daughter of a woman that D was dating and the victim then, six years old was permitted to testify at trial. The girl testified with the use of anatomically correct dolls and drawings that D had anally raped her while her mother had slept in the adjacent room. A voir dire examination was conducted before the child testified in which it was determined that she understood what a lie was and that she had promised to tell the truth. The court allowed the child to testify even though she did not understand the concept of perjury but that she knew the difference between truth and falsehood. D was convicted and appealed based on the competency of the child to testify.
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