NCJ Number
87425
Editor(s)
J Bulkley
Date Published
1981
Length
201 pages
Annotation
Ten papers provide statutory analyses of State criminal codes, incest laws, and child protection statutes as they relate to intrafamily sexual abuse, discussions of key evidentiary issues which frequently arise in such cases, and proposals to modify legal procedures to prevent trauma to children testifying in court.
Abstract
The first presentation explores problem areas and trends in criminal child sex offense statutes and includes a State-by-State breakdown of such laws. Other chapters examine the historical background and purpose of incest statutes, the application of child abuse reporting and juvenile court jurisdiction acts to sexual abuse of children, and possible applications of domestic violence and sexual psychopath laws. The section on evidentiary issues discusses corroboration in the context of criminal proceedings for violations of a State's criminal child sexual offense provisions. A review of research on the competency of children as witnesses considers both legal standards and psychological factors, concluding that the liberal use of children's testimony is well-founded. The next paper addresses the marital privilege, but notes that it is well on its way to extinction. The following evidentiary theories for allowing a child victim's out-of-court statements of sexual abuse to be admitted are examined: complaint of rape, excited utterances, and other hearsay exceptions such as the residual exception in the Federal Rules of Evidence. Authors qualified as experts on child development and intrafamily sexual abuse in Maryland and Washington State outline requirements for admission of expert testimony and how it can be used in child sexual abuse cases. The final paper analyzes proposed procedural reforms, principally reducing the size of the audience when a child victim testifies and preventing the child from testifying while facing the offender. All papers include footnotes.