Hearsay Rule For Children
Posted Courtesy of The Post and Courier (http://www.charleston.net)
BY TONY BARTELME
Of The Post and Courier Staff
Proposal got Senate approval last year
Prosecutors and child advocacy groups say a bill working its way through the Legislature will make it easier for children to testify against pedophiles and other child abusers.
South Carolina is one of seven states that don't allow hearsay testimony from children in child abuse cases. Hearsay testimony might be comments made to a teacher, therapist or a videotape of an interview with investigators - accusations made outside the presence of the defendant.
"Children are absolutely not the same kind of witnesses that adults are," said Debbie Herring-Lash, who prosecutes crimes against children for the 9th Circuit Solicitor's Office.
Kids are much more intimidated by the courtroom environment than adults; they often forget details and don't answer questions well, she said. As a result, defense attorneys can easily make child witnesses look like they're lying. Introducing evidence collected in less intimidating circumstances might bolster the child's credibility.
"It's hard enough to come forward and testify as an adult," said Anne Lee, executive director of From Darkness to Light, a child advocacy group. "And there's a saying that, 'An adult lies a lot more convincingly than a child can tell the truth.'"
A bill relaxing the hearsay rule for children passed the Senate last year. The House criminal law subcommittee is expected to vote on it soon.
Rep. Seth Whipper, D-Charleston, a member of the House committee studying the bill, said he hasn't made up his mind about the matter, but said opponents of the bill worry about how it will affect the rights of criminal defendants. "You can't take this lightly because you have a fundamental right to confront your accuser."
The bill's sponsor, Rep. Chip Campsen III, R-Isle of Palms, said it has built-in protections for defendants, including a mandatory hearing to determine if the information is trustworthy. Also, the child still must testify during the trial.
Laura Hudson of the S.C. Victim Assistance Network said the bill is "the single most important thing the Legislature can do to help children this session."
She said defense attorneys in the House have tried to kill the legislation. "We have a large coalition of prosecutors and child advocacy groups who say they've been pretty frustrated because they can't take child abuse cases to court (because of the hearsay rule)."
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