Confronting Child Victims of Sex Abuse - The Unconstitutionality of the Sexual Abuse Hearsay Exception

• NCJ Number: 98420
• Journal: University of Puget Sound, Law Review Volume: 7 Issue: 2 Dated: (Winter 1984) Pages: 387-404
• Author(s): K E Frank
• Date Published: 1984
• Length: 18 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Language: English
• Country: United States of America

Annotation

A Washington State law permits admission of a hearsay statement by a child sexual abuse victim under 10 years old upon the court's finding that the content and circumstances of the statement are sufficiently reliable. This is unconstitutional, because it permits the admission of hearsay of children to testify and does not permit cross examination.

Abstract

This exception to the hearsay evidence rule can apply when a child sexual abuse victim is unavailable to testify. The act does not define unavailability, however, so it condones the admission of hearsay by children too young to testify. Admission of such testimony conflicts with the principles underlying established hearsay exceptions and the defendant's right to confront witnesses. Under the statute, the defendant is forced to rebut the statement of an incompetent child whom he has had no opportunity to observe or cross-examine. The act may result in more convictions, but it greatly increases the risk of convicting innocent people. Seventy-eight footnotes are listed.