NCJ Number
103816
Journal
Catholic University Law Review Volume: 34 Issue: 4 Dated: (Summer 1985) Pages: 1021-1054
Date Published
1985
Length
34 pages
Annotation
State statutes that provide for a hearsay exception and videotaped depositions for child sexual abuse victims are constitutional means of shielding the victims from the rigors of courtroom testimony and assist in the prosecution of child sexual abusers.
Abstract
Colorado, Illinois, Indiana, Kansas, Minnesota, Utah, and Washington State have laws that permit the use in evidence of out-of-court (hearsay) statements of child sexual abuse victims, provided there are sufficient indicia of reliability. All but the Illinois statute require either the child victim's testimony at trial or proof that the child victim is unavailable to testify. Should the child victim not testify in court, five of the States require corroboration of the act that is the focus of the out-of-court statement. These same States mandate advance notice to the adverse party that the statement will be offered under the exception. Ten States have recently enacted laws that permit videotaped depositions from child victims of sex offenses. Such depositions may be used only if the child is 'unavailable' to testify. The defendant receives advance notice of the taping and can cross-examine the child witness at that time, thus preserving the defendant's right to confront witnesses. The aforementioned evidentiary innovations are needed in child abuse cases, given the trauma often suffered by child sexual abuse victims and the importance of the victim's testimony in securing convictions. 211 footnotes.