NCJ Number
137915
Journal
Journal of Juvenile Law Volume: 7 Issue: 2 Dated: (1983) Pages: 205-211
Date Published
1983
Length
9 pages
Annotation
This review of recent court decisions regarding the traditional rules of evidence in child abuse/molestation cases outlines trends in the admissibility of child testimony, the use of photography as evidence in the absence of victim testimony, trends in the admissibility of evidence showing the defendant has a history of child abuse/molestation, and trends in the use of expert witnesses to establish the credibility of the child victim's testimony.
Abstract
Recent court decisions document that some courts are becoming liberal in admitting evidence in child abuse/molestation cases. Courts permit the testimony of child victims, even as young as 5 years of age. In instances of impeachment of child testimony, courts allow expert testimony to explain typical reactions of young victims who testify for the purpose of rehabilitation after cross-examination. Courts also allow the silent witness theory to permit admission of photographs as substantive evidence when child victims are unable or unwilling to testify. Finally, courts appear willing to admit evidence of a history of child abuse or molestation. 35 footnotes