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Student Post - Confrontation Clause vs Illinois 115-10 Code in Child Sexual Abuse Cases

By Corey Rayburnyung

In many child sexual abuse cases, the child victim is either unable or unwilling to testify at a trial. This causes many problems for Prosecutors as the primary evidence against the alleged perpetrator is the child victim?s testimony. The child victim has usually told the story to other adults such as police officers, parents, hospital employees and child advocacy interviewer, but all of these statements are considered hearsay statements. In order to attempt to admit into evidence some of these hearsay statements, Prosecutors in Illinois may motion for a 115-10 hearing.  The Illinois statute (725 ILCS 5/115-10) states:  (a) In a prosecution for a physical or sexual act perpetrated upon or against a child under the age of 13, or a person who was a moderately, severely, or profoundly mentally retarded person? the following evidence shall be admitted as an exception to the hearsay rule: (1) testimony by the victim of an out of court statement made by the victim that he or she complained of such act to another; and (2) testimony of an out of court statement made by the victim describing any complaint of such act or matter or detail pertaining to any act which is an element of an offense which is the subject of a prosecution for a sexual or physical act against that victim...continue to full post

Full post as published by Sex Crimes on January 07, 2010 (boomark / email).