An Act To Support Victims of Child Sexual Abuse
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §1206 is enacted to read:
§ 1206. Recorded statements
1. Requirements for admissibility. The recording of a statement of a child under 16 years of age alleged to be a victim of sexual abuse made before a proceeding begins is admissible into evidence if all of the following requirements are met:
A. The recording is both visual and aural and is recorded on film or videotape or other electronic means;
B. Every voice on the recording is identified;
C. The person conducting the interview of the child in the recording is present at the proceeding and available to testify or be cross-examined by either party;
D. The defendant or the attorney for the defendant is afforded an opportunity to view the recording before it is offered into evidence;
E. Except as provided in subsection 3, the child is available to testify;
F. The recording equipment was capable of making an accurate recording;
G. The statement was not made in response to questioning calculated to lead the child to make a particular statement; and
H. The child's statement is shown to the reasonable satisfaction of the court to possess particularized guarantees of trustworthiness.
2. Testimony by child; cross-examination. If a recording of a statement of a child is admitted into evidence under this section, either party may call the child to testify and the opposing party may cross-examine the child.
3. Not available to testify. The admissibility of a recorded statement under this section is not limited by a finding by the court that the child is unavailable to testify on any of the following grounds:
A. The child's death;
B. The court finds that there are reasonable grounds to believe that the defendant or someone acting on behalf of the defendant has intentionally removed the child from the jurisdiction of the court;
C. The child's total failure of memory;
D. The child's physical or mental disability;
E. The child's incompetency, including the child's inability to communicate about the offense because of fear or a similar reason; or
F. Substantial likelihood that the child would suffer severe emotional trauma from testifying at the proceeding or by means of closed-circuit television.
summary
This bill provides for the admissibility in a criminal trial of a recording of a statement of a child under 16 years of age who is a victim of sexual abuse if certain requirements are met, including that the court is satisfied that the statement possesses particularized guarantees of trustworthiness. The child must be available at the trial and be available for cross-examination, unless the court finds certain grounds exist to determine that the child is unavailable to testify. The person who interviewed the child for the recording must be available at trial.