NCJ Number
107178
Date Published
1985
Length
9 pages
Annotation
This paper describes the making and use of a videotape in child sexual abuse cases under Section 2 of the Texas videotape statute (Section 38.071 Texas Code of Criminal Procedure).
Abstract
The Texas videotape statute intends to balance the defendant's right to be tried on credible evidence with the child's right to be heard in a setting that does not produce additional trauma. Section 2 of the statute, used routinely in child sexual abuse investigations, provides for videotaping of a pretrial interview with the child without either attorney present and is intended as an exception to the hearsay rule. Information was obtained through the author's involvement in writing the videotaping procedure and from interviews with prosecutors and judges throughout Texas. The making of a Section 2 videotape is described in terms of the interviewer, setting, preparation, and the actual interview. Particular emphasis is placed on finding and training interviewers who know what conduct constitutes a criminal offense and can elicit information in a manner that will not be construed as 'gross leading' in court. Section 2 videotapes are used to prevent reinterview of the child, in plea bargaining, at trial, if the child recants, in support of the child to the family, and as therapy for the defendant. Preventing reinterviews reduces the child's trauma and inconsistency associated with retelling of the abuse. Plea bargaining, the tape's most frequent use, often elicits confessions and facilitates quicker case disposition. Most trial cases in which Section 2 videotapes were used resulted in convictions; if the child recants at trial time, the tape can be used with psychological explanations for recanting. The tape convinces the family that abuse actually occurred and forces the offender to confront the issue. Copy of the statute section appended. ABI nsg