What to do?
I don't think she can be charged with perjury for telling the state screener a lie and then later telling the truth when under oath. It is VERY common for people to hide molestation, it will certainly not be the first time a judge or hearings officer sees a person testify differently than they told an interviewer because they initially were afraid of the consequences. The worst thing, if she is even asked to testify, is that someone might claim she is lying now instead of lying then. That would be embarrassing, but it doesn't rise to the level of getting charged with perjury.
When your daughter told the state screener that there was no molestation, was this in a formal setting in which she was under oath, like a hearing? If so, she should contact a lawyer and explain the situation, and see for sure if there would be any chance someone would charge her with anything if she tells the truth now. I doubt it, though.
If she is being subopenaed because the dad wants her to say he didn't molest her, and if he in fact did not, but her brother did and this comes out in the testimony, it might make her a less valuable character witness to the dad. Her attorney should be sure to speak to the attorney that subpoenaed her to warn him that she might not be as helpful to his case as he thinks, since her story is going to differ from what she said before. The other attorney might decide not to call her to testify at all if he realizes her telling the truth will harm his case. Then she would be off the hook.
She won't be charged with perjury for telling the truth on the witness stand. Read More At : ...