18.2-67 - Depositions of complaining witnesses in cases of criminal sexual assault and attempted criminal sexual assault.
§ 18.2-67. Depositions of complaining witnesses in cases of criminal sexualassault and attempted criminal sexual assault.
Before or during the trial for an offense or attempted offense under thisarticle, the judge of the court in which the case is pending, with theconsent of the accused first obtained in open court, by an order of record,may direct that the deposition of the complaining witness be taken at a timeand place designated in the order, and the judge may adjourn the takingthereof to such other time and places as he may deem necessary. Suchdeposition shall be taken before a judge of a circuit court in the county orcity in which the offense was committed or the trial is had, and the judgeshall rule upon all questions of evidence, and otherwise control the takingof the same as though it were taken in open court. At the taking of suchdeposition the attorney for the Commonwealth, as well as the accused and hisattorneys, shall be present and they shall have the same rights in regard tothe examination of such witness as if he or she were testifying in opencourt. No other person shall be present unless expressly permitted by thejudge. Such deposition shall be read to the jury at the time such witnessmight have testified if such deposition had not been taken, and shall beconsidered by them, and shall have the same force and effect as though suchtestimony had been given orally in court. The judge may, in like manner,direct other depositions of the complaining witness, in rebuttal orotherwise, which shall be taken and read in the manner and under theconditions herein prescribed as to the first deposition. The cost of takingsuch depositions shall be paid by the Commonwealth.
(Code 1950, § 18.1-47; 1960, c. 358; 1975, cc. 14, 15, 606; 1981, c. 397.)