Virginia law sections 19.2-268.1 and 19.2-268.2 outline rules for cross-examining witnesses about prior inconsistent writings and the admissibility of recent complaints in sexual assault cases. The first section details procedures for challenging a witness's prior written statements, while the second allows recent complaints to be used to corroborate testimony in specific criminal sexual assault prosecutions. Both provisions aim to clarify evidentiary procedures in criminal trials.
Yes, a witness can be cross-examined about prior written statements related to the case without the writing being shown to them, but if the statement is used to contradict, the witness must be informed beforehand.
The court must call the witness's attention to the specific occasion the writing was made, and the witness must be asked if they made or signed the statement before it can be used to contradict them.
Yes, recent complaints made shortly after the offense can be admitted to corroborate the victim's testimony, but not as independent evidence of the crime.
Yes, at any time during the trial, the court can require the production of the writing for inspection and decide how to use it in the proceedings.