NCJ Number
125872
Journal
Columbia Journal of Law and Social Problems Volume: 22 Issue: 4 Dated: (1989) Pages: 489-549
Date Published
1989
Length
61 pages
Annotation
This article examines the effectiveness and constitutionality of existing State laws that provide for videotaped testimony by child victims/witnesses of sexual abuse. A model law is proposed.
Abstract
Although existing videotape statutes provide various methods of minimizing the difficulties a child witness faces when testifying in a sexual abuse case, no single current statute is adequate. No statute effectively addresses the issue of a child's competency to testify, and no statute fully resolves the emotional difficulties inherent in having a child testify in a sexual abuse case. Only some existing statutes alleviate the problem of under-reporting. Regarding the constitutionality of existing videotape statutes, critics argue that they violate the defendant's right to a public trial, the defendant's right to a fair trial under the 14th amendment's due process clause, the public's and press' right to attend criminal trials, the defendant's right to a jury trial, the defendant's right to be free from discrimination, and the defendant's right to confront adverse witnesses in court. The model act borrows the most effective provisions of the existing statutes and adds new protections. It is also designed to comply with the various constitutional tests mandated by the U.S. Supreme Court. Appended supplementary information, 355 footnotes