Dogsey

Some US states have allowed animals to support vulnerable witnesses in the courtroom. A golden retriever therapy dog called Rosie, experienced in working with emotionally troubled children - and with a special talent for helping traumatised children - has become the first judicially approved courtroom dog in New York – but there is a chance she could be the last.

Rosie supported and comforted a 15-year-old rape victim in the witness box and was seen leaning close to the girl, who was testifying that she was raped and impregnated by her father, and nudging her gently at a stressful moment.

The girl's father, Victor Tohom, was convicted and imprisoned for 25 years to life. The public defenders, considering an appeal, criticised allowing Rosie into the courtroom, saying that she could have provided comfort no matter what was causing the stress – a threatening defendant or lying under oath - and the jury would not have known the difference. They maintained that Rosie's presence “infected the trial with such unfairness” that their client's constitutional rights had been violated. One of the lawyers pointed to the girl stroking the dog as sending out an unconscious message to the jury that she was speaking the truth.

However, dogs have proved extremely helpful and comforting to traumatised people, especially children. Prosecutors have upheld that courtroom dogs provide comfort and reassurance, enabling children to get through the ordeal of court and give their testimony. Duchess County assistant district attourney, Kristine Hawlk, who handled the rape case wrote that all Rosie did was help a victim suffering from serious emotional distress, referring to the defence claims as “frivolous accusations”.

Since the trial, Rosie has been working with a five-year-old girl and her eleven-year-old sister, who were to testify against a man accused of stabbing their mother to death.

The planned appeal, with Rosie at its heart, may influence whether dogs will be allowed in the witness box in the future.