Virginia Code § 19.2-268.3 allows certain out-of-court statements made by children under 13, who are victims of specific offenses against children, to be admitted as evidence if deemed reliable by the court. The law outlines criteria for assessing the trustworthiness of these statements during pre-trial hearings. This provision aims to facilitate justice while ensuring the reliability of evidence involving young victims.
It applies to cases involving offenses against children, including child abuse and related crimes, where a child's statement may be used as evidence.
Yes, if the court finds the statement to be reliable and trustworthy during a pre-trial hearing, it can be admitted even if it would normally be considered hearsay.
The court considers factors such as the child's personal knowledge of the event, the circumstances surrounding the statement, and other indicia of reliability.
No, the law requires the court to conduct a hearing and find that the statement is sufficiently reliable before it can be admitted as evidence.