§ 11-37-13.2 - Alternative methods of victim testimony – Child victim.
SECTION 11-37-13.2
§ 11-37-13.2 Alternative methods of victimtestimony – Child victim. – (a) In any judicial proceeding in which a person has been charged with sexualassault of a child who at the time of trial is seventeen (17) years of age orless, the court may order, upon a showing that the child is unable to testifybefore the court without suffering unreasonable and unnecessary mental oremotional harm, that the testimony of the child be taken in a room other thanthe courtroom and either be recorded for later showing before the court and/orthe finder of fact in the proceeding or be broadcast simultaneously by closedcircuit television to the court and/or finder of fact in the proceeding. Whenthe child is fourteen (14) years of age or younger at the time of trial, thereshall be a rebuttable presumption that the child is unable to testify beforethe court without suffering unreasonable and unnecessary mental or emotionalharm. Only the judge, attorneys for the parties, persons necessary to operatethe recording or broadcasting equipment, and any person whose presence wouldcontribute to the welfare and well-being of the child may be present in theroom with the child during his or her testimony. Examination andcross-examination shall proceed in the same manner as permitted at the trial orhearing.
(b) The persons operating the equipment shall be confined toan adjacent room or behind a screen or mirror which permits them to see andhear the child during his or her testimony, but does not permit the child tosee or hear them. The court shall permit the defendant to observe and hear thetestimony of the child in person, but ensure that the child cannot hear or seethe person alleged to have committed the assault. The defendant shall beafforded a means of communicating with his or her attorney throughout theproceedings, and, upon request of the defendant or his or her attorney,recesses shall be permitted to allow them to confer. The court shall ensurethat:
(1) The recording or broadcast is both visual and aural andis recorded on film or videotape or by other electronic means;
(2) The recording equipment was capable of making an accuraterecording, the operator of the equipment was competent, and the recording isaccurate and has not been altered;
(3) Each voice on the recording is identified;
(4) Each party is afforded an opportunity to view anyrecording made prior to trial before it is shown in the courtroom; and
(5) The statement is sworn to under oath by the child.
(c) If the court orders the testimony of a child to be sorecorded or broadcast, the child shall not be required to testify at theproceeding for which the testimony was taken, and the testimony shall be usedin lieu of the live testimony of the child.