§ 15-25-37 — Factors in Considering Trustworthiness of Statement

In determining whether a statement possesses particularized guarantees of trustworthiness pursuant to Section 15-25-32, the court shall consider any of the following factors:
(1) The witness’s personal knowledge of the event.
(2) The age and maturity of the witness.
(3) Certainty that the statement was made, including the credibility of the person testifying about the statement
;
.
(4) Any apparent motive the witness may have to falsify or distort the event, including bias, corruption, or coercion.
(5) The timing of the statement.
(6) Whether more than one person heard the statement.
(7) Whether the witness was suffering from pain or distress when making the statement.
(8) The nature and duration of any alleged abuse.
(9) Whether the witness’s young age or status as a protected person pursuant to Section 15-25-1 makes it unlikely that the witness fabricated a statement that represents a graphic, detailed account beyond the witness’s knowledge and experience.
(10) Whether the statement is spontaneous or directly responsive to questions.
(11) Whether the statement is suggestive due to improperly leading questions.
(12) Whether extrinsic evidence exists to show the defendant’s opportunity to commit the act complained of in the witness’s statement.

Legislative History

(Acts 1989, No. 89-876, p. 1754, §7; Act 2022-201, §2.)