Child Sexual Abuse Trials

A: The law permits the use of closed-circuit television in any criminal proceeding that involves a vulnerable child witness under the age of thirteen, in a case pertaining to criminal sexual assault or incest.

A: "Live two-way closed-circuit television" is a simultaneous transmission by closed-circuit television, or other electronic menas, between the courtroom and a separate testimonial room in accordance with the provisions of the Criminal Procedure Law.

A: Yes. The statute has been successfully invoked and closed-circuit testimony taken in a number of cases.

A: New York State Criminal Procedure Law provides tha tthe prosecution or defense may ask the court for an order allowing the use of closed-circuit television/ The requesting party should contact the Division of Criminal Justice Services to request technical support servies, should the court permit the use of closed-circuit television.

A: The statute requires that the child be subject to direct- as well as cross-examination. The defendant's constitutional right is preserved through the use of live closed-circuit television to allow both visual and auditory questioning.

A: Although the statute does not specifically provide for the presence of others with the child during testimony, the court has certain discretionary powers to control who may be permitted in the testimonial room with the vulnerable child witness.

A: The statute requires that the party seeking the order from the court allowing the use of closed-circuit television apply at least eight days in advance of the trial or other criminal proceeding. It is importnat, however, to contact the Division of Criminal Justice Services as soon as the possibility arises that closed-circuit television equipment may be needed, even if a formal request has not yet been made to the court. The Division of Criminal Justice Services needs as much advance notice as possible in otder to schedule the use of the equipment.