Outcry witness: Difference between revisions
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{{Short description|Person who first hears an abuse allegation}} |
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In [[United States]] [[criminal law]], an '''outcry witness''' is the person who first hears an allegation of abuse made by a child or another victim of [[sexual abuse|abuse]] or [[Sex and the law|sexual crime]].<ref name="uslegal">{{Cite web | title = Outcry Witness Law & Legal Definition | publisher = USLegal, Inc. | url = http://definitions.uslegal.com/o/outcry-witness/ | access-date = 13 July 2010}}</ref> The witness is legally obligated to report the abuse, and may be called upon during the trial proceedings.<ref name="uslegal"/> |
In [[United States]] [[criminal law]], an '''outcry witness''' is the person who first hears an allegation of abuse made by a child or another victim of [[sexual abuse|abuse]] or [[Sex and the law|sexual crime]].<ref name="uslegal">{{Cite web | title = Outcry Witness Law & Legal Definition | publisher = USLegal, Inc. | url = http://definitions.uslegal.com/o/outcry-witness/ | access-date = 13 July 2010}}</ref> The witness is legally obligated to report the abuse, and may be called upon during the trial proceedings.<ref name="uslegal"/> |
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== Hearsay == |
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However, an outcry witness may be considered hearsay in court, and their testimony might not be allowed. This has prompted various states to pass "outcry" exceptions to their state code.<ref name="Peugh Law">{{cite web |url=https://peughlawfirm.com/wp-content/uploads/2018/01/recent-decisions.pdf|last1=Peugh |first1=Daniel |title=The Illinois "Outcry" Hearsay Exception |website=The Peugh Law Firm |access-date=9 August 2022}}</ref> <ref>{{cite web |title=Texas Code of Criminal Procedure |url=https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-38-072.html |website=FindLaw |access-date=9 August 2022}}</ref> In other states, such as California, these statements would fall under more general hearsay exceptions.<ref>{{cite web |title=Evidence Code 1200 – Hearsay Rule and Exceptions in California |url=https://www.shouselaw.com/ca/defense/evidence-code/1200/ |website=Shouse California Law Group |access-date=9 August 2022}}</ref> |
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The problem with outcry witnesses, legally speaking, is that they are often considered [[hearsay]] evidence. Generally speaking, hearsay is not admissible in a court hearing or trial, unless it meets certain criteria, which can change from state to state. |
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For example, in the 1997 Illinois case ''People vs Holloway'', the defendant took the case to appeal on the basis that one of the witnesses to appear at the trial was a hearsay witness: the witness was not present for the incident and neither directly saw or heard the incident. However, the Illinois Supreme Court ruled that a 1982 Outcry law applied when the victim was under 13 years old at the time of the offense. In the case of ''Holloway'', the victim told a friend about the incident at a slumber party, nearly two years after the abuse occurred. The defendant was subsequently convicted of the sexual abuse.<ref name="Peugh Law">{{cite web |url=https://peughlawfirm.com/wp-content/uploads/2018/01/recent-decisions.pdf|last1=Peugh |first1=Daniel |title=The Illinois "Outcry" Hearsay Exception |website=The Peugh Law Firm |access-date=9 August 2022}}</ref> |
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In other states, different laws have been created. Texas allows testimony from the first person the victim reported the crime to, and the outcry witness must be over the age of 18.<ref>{{cite web |title=Texas Code of Criminal Procedure |url=https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-38-072.html |website=FindLaw |access-date=9 August 2022}}</ref> |
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California has more general hearsay exceptions, including PC 273(d), which specifically address child abuse, along with a long list of items, such as confessions, mental health, and deathbed statements.<ref>{{cite web |title=Evidence Code 1200 – Hearsay Rule and Exceptions in California |url=https://www.shouselaw.com/ca/defense/evidence-code/1200/ |website=Shouse California Law Group |access-date=9 August 2022}}</ref> |
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==References== |
==References== |
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Latest revision as of 02:44, 16 March 2024
In United States criminal law, an outcry witness is the person who first hears an allegation of abuse made by a child or another victim of abuse or sexual crime.[1] The witness is legally obligated to report the abuse, and may be called upon during the trial proceedings.[1]
Hearsay
[edit]The problem with outcry witnesses, legally speaking, is that they are often considered hearsay evidence. Generally speaking, hearsay is not admissible in a court hearing or trial, unless it meets certain criteria, which can change from state to state.
For example, in the 1997 Illinois case People vs Holloway, the defendant took the case to appeal on the basis that one of the witnesses to appear at the trial was a hearsay witness: the witness was not present for the incident and neither directly saw or heard the incident. However, the Illinois Supreme Court ruled that a 1982 Outcry law applied when the victim was under 13 years old at the time of the offense. In the case of Holloway, the victim told a friend about the incident at a slumber party, nearly two years after the abuse occurred. The defendant was subsequently convicted of the sexual abuse.[2]
In other states, different laws have been created. Texas allows testimony from the first person the victim reported the crime to, and the outcry witness must be over the age of 18.[3]
California has more general hearsay exceptions, including PC 273(d), which specifically address child abuse, along with a long list of items, such as confessions, mental health, and deathbed statements.[4]
References
[edit]- ^ a b "Outcry Witness Law & Legal Definition". USLegal, Inc. Retrieved 13 July 2010.
- ^ Peugh, Daniel. "The Illinois "Outcry" Hearsay Exception" (PDF). The Peugh Law Firm. Retrieved 9 August 2022.
- ^ "Texas Code of Criminal Procedure". FindLaw. Retrieved 9 August 2022.
- ^ "Evidence Code 1200 – Hearsay Rule and Exceptions in California". Shouse California Law Group. Retrieved 9 August 2022.
External links
[edit]- "Part Two: What Can We Do About Child Abuse?". What Can We Do About Child Abuse?. Attorney General of Texas. Retrieved 5 October 2012.
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