§ 11-37-13.2. Alternative methods of victim testimony — Child victim.
(a) In any judicial proceeding in which a person has been charged with sexual assault
of a child who at the time of trial is seventeen (17) years of age or less, the court
may order, upon a showing that the child is unable to testify before the court without
suffering unreasonable and unnecessary mental or emotional harm, that the testimony
of the child be taken in a room other than the courtroom and either be recorded for
later showing before the court and/or the finder of fact in the proceeding or be broadcast
simultaneously by closed circuit television to the court and/o
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§ 11-37-13.2. Alternative methods of victim testimony — Child victim.
(a) In any judicial proceeding in which a person has been charged with sexual assault
of a child who at the time of trial is seventeen (17) years of age or less, the court
may order, upon a showing that the child is unable to testify before the court without
suffering unreasonable and unnecessary mental or emotional harm, that the testimony
of the child be taken in a room other than the courtroom and either be recorded for
later showing before the court and/or the finder of fact in the proceeding or be broadcast
simultaneously by closed circuit television to the court and/or finder of fact in
the proceeding. When the child is fourteen (14) years of age or younger at the time
of trial, there shall be a rebuttable presumption that the child is unable to testify
before the court without suffering unreasonable and unnecessary mental or emotional
harm. Only the judge, attorneys for the parties, persons necessary to operate the
recording or broadcasting equipment, and any person whose presence would contribute
to the welfare and well-being of the child may be present in the room with the child
during his or her testimony. Examination and cross-examination shall proceed in the
same manner as permitted at the trial or hearing.
(b) The persons operating the equipment shall be confined to an adjacent room or behind
a screen or mirror which permits them to see and hear the child during his or her
testimony, but does not permit the child to see or hear them. The court shall permit
the defendant to observe and hear the testimony of the child in person, but ensure
that the child cannot hear or see the person alleged to have committed the assault.
The defendant shall be afforded a means of communicating with his or her attorney
throughout the proceedings, and, upon request of the defendant or his or her attorney,
recesses shall be permitted to allow them to confer. The court shall ensure that:
(1) The recording or broadcast is both visual and aural and is recorded on film or videotape
or by other electronic means;
(2) The recording equipment was capable of making an accurate recording, the operator
of the equipment was competent, and the recording is accurate and has not been altered;
(3) Each voice on the recording is identified;
(4) Each party is afforded an opportunity to view any recording 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 so recorded or broadcast, the child
shall not be required to testify at the proceeding for which the testimony was taken,
and the testimony shall be used in lieu of the live testimony of the child.