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Outcry witness

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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 abuse or sexual crime.[1] The witness is legally obligated to report the abuse, and may be called upon during the trial proceedings.[1]

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.[2] [3] In other states, such as California, these statements would fall under more general hearsay exceptions.[4]

References

  1. ^ a b "Outcry Witness Law & Legal Definition". USLegal, Inc. Retrieved 13 July 2010.
  2. ^ Peugh, Daniel. "The Illinois "Outcry" Hearsay Exception" (PDF). The Peugh Law Firm. Retrieved 9 August 2022.
  3. ^ "Texas Code of Criminal Procedure". FindLaw. Retrieved 9 August 2022.
  4. ^ "Evidence Code 1200 – Hearsay Rule and Exceptions in California". Shouse California Law Group. Retrieved 9 August 2022.