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Indiana Court Limits Use of Videotaped Statements in Child Molesting Cases

The Indiana Court of Appeals has reversed a Tippecanoe County, Indiana man’s conviction for child molesting, because the trial court improperly admitted a forensic video statement of the alleged victim. In child molesting cases, it is routine for police to have the accuser participate in a forensic interview and describe the allegations. The interview is commonly conducted by an investigator from the prosecutor’s office, and is designed to elicit evidence to use in a child molesting prosecution. The accuser’s statements are not made under oath or challenged by cross-examination.

Indiana law allows these videos to be admitted at trial, only when a psychiatrist or other medical expert testifies at a hearing that the accuser will suffer serious emotional harm by testifying at trial. In the Tippecanoe County child molesting trial referenced above, a forensic videotaped interview was admitted into evidence with no finding that the accuser would suffer harm by testifying. The defendant was found guilty at trial, based on evidence solely from the video. The Indiana Court of Appeals reversed the conviction.

Defense Attorneys for Child Molesting Charges in Lafayette and Fort Wayne, Indiana
If you are charged with child molesting in Indiana, you need a criminal attorney who understands the preparation and strategy required to win acquittal at trial. Gibson Law Office sex crimes attorneys in Lafayette and Fort Wayne aggressively defend child molesting charges. We have won acquittal at jury trial in multiple Class A felony child molesting trials.
Lafayette and Fort Wayne Child Molesting Defense Attorneys: Trial Preparation and Strategy
Cross-examination at trial and in depositions is critical in exposing inconsistent statements, motives to lie, and other evidence of innocence in child molesting and other sex crimes cases. If you are accused of child molesting or some other sex crime, it is important to retain an experienced criminal attorney with jury trial experience in child molesting cases. There are specific rules of evidence that control what may be admitted at trial.
Forensic interviews in child molesting cases are designed to make the accused appear guilty. An experienced sex crimes attorney can challenge the child molesting allegations in depositions and at trial. If you are accused of child molesting or a sex crime, it is important to retain an experienced criminal attorney immediately. Crucial things can happen early in a case that may have a big impact on the outcome.
With offices in Lafayette and Fort Wayne, Gibson Law Office criminal attorneys have defended child molesting and other sex crimes charges in numerous counties. If you are charged with child molesting, call us for a free initial consultation. At our meeting, we will discuss strategy on how to best defend your case.


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Posted: 8/3/2011 11:13:44 AM by Brett Gibson
Filed under: abuse, child, crime, molestation, sex, statements, videotaped


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