미국의 아동 성범죄 피해자 증언 관련 법리

Legal issues Relating to the Testimony of the Child Victim of Sexual assault in America

In most child-abuse cases, there is no physical evidence. Statements by victims are often the primary source of evidence in these cases. However, because of their vulnerability, youth, and the extent of their trauma, presentation of testimony by children can be inherently difficult. As a result, the widespread use of procedural modifications and hearsay exceptions to facilitate the introduction and admission of statements by child witnesses has evolved over the last two decades in an effort to facilitate prosecution of these cases. In a recent U.S. Supreme Court decision(Crawford v. Washington, 2004), the admissibility of out-of-court testimonial statements was challenged, resulting in the likely need for children to appear live in court for videotaped forensic interviews to be admitted. Nevertheless, there are numerous exceptions to hearsay rules that result in children's out-of-court statements being heard at trial. This article reviews the mentioned above legal issues relating to the testimony of the child victim of sexual assault in America and tries to seek its implication for Korea.