Hearsay Testimony: Protecting the Needs of Children at the Expense of the Defendant's Right to a Fair Trial

Abstract

ABSTRACT Hearsay testimony occurs when an out-of-court statement is made by the witness and retold in court by another person. Hearsay testimony is heard in cases of child sexual abuse (CSA). In this paper, we argue that the use of hearsay testimony, in its current format, should be inadmissible in cases of CSA because it violates the defendants' Sixth Amendment right to confront their accuser. Hearsay testimony may also be less reliable than testimony from the victim. Finally, we argue, hearsay testimony may have undue influences on jurors' decisions and thus compromise the rights of the Defendant.