Videotaping the Testimony of an Abused Child: Necessary Protection for the Child or Unwarranted Compromise of the Defendant's Constitutional Rights?

• NCJ Number: 111798
• Journal: Utah Law Review Volume: 1988 Issue: 3 Pages: 461-481
• Author(s): M B Wixom
• Date Published: 1988
• Length: 21 pages
• Sale Source: National Institute of Justice/
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

In an effort to ameliorate the psychological and emotional trauma experienced by child sexual abuse victims on the witness stand, Utah and other States have enacted legislation that allows the use of videotaped or closed-circuit testimony in trials.

Abstract

Under the Utah statute, child testimony taken prior to a filing of an information by the prosecutor is admissable. A child also may testify over closed-circuit television: the trial judge presides in the room with the child witness and the attorneys and each party may examine and cross-examine the child under this option. No finding of witness unavailability is required for the latter two options. These new provisions potentially infringe on the accused's right to confrontation and may not meet the availability and unavailability elements required by the U.S. Supreme Court. In general, courts have held that such procedures do not violate the defendant's rights if they permit cross-examination of the witness. However, because in most child sexual abuse cases there are no circumstances that physically or mentally prevent the child witness from testifying, the present provisions fail to meet unavailability requirements. However, because of the potential effects of testifying on the child victim/witness, there are compelling reasons for extending the definition of unavailability. 133 footnotes.