NCJ Number
129536
Journal
Behavioral Sciences and the Law Volume: 9 Issue: 1 Dated: (Winter 1991) Pages: 3-20
Date Published
1991
Length
18 pages
Annotation
In order to protect children in family court child protective proceedings, some States have removed corroboration requirements from children's sworn testimony regarding sexual assault. However, supplementary evidence is necessary to support a child's out-of-court statement.
Abstract
In New York State, the courts have applied the hearsay rule to require only a minimal amount of corroborative evidence, called validation testimony. Expert testimony from psychologists, social workers, or psychiatrists relates to the sexually abused child syndrome in general or with specific regard to the child involved in the case. Even the most minimal medical evidence is considered significant in child protective hearings. A recent court of appeals decision allows two separate out-of-court statements to corroborate each other. A final type of validation testimony is the unsworn in-court statement given by a child to support earlier out-of-court statements. The authors argue that, while the goal of protecting children is admirable, such leniency in allowing evidence to be introduced into child protective proceedings which would otherwise be deemed hearsay can lead to erroneous findings and weaken the balance between probative and prejudicial values. 135 notes (Author abstract modified)