What is the effect of relying solely on an out-of-court statement made by a legally incompetent minor in a sexual assault case?

California, United States of America


The following excerpt is from In re Lucero L., 22 Cal.4th 1227, 96 Cal.Rptr.2d 56, 998 P.2d 1019 (Cal. 2000):

In concluding that the corroboration requirement is inapplicable, we emphasize the importance of juvenile court scrutiny of the statements of young children who are both legally incompetent and insulated from cross-examination. At least in the case of a truth incompetent minor, the court may rely exclusively on these out-of-court statements only "if the declarant's truthfulness is so clear from the surrounding circumstances that the test of cross-examination would be of marginal utility...." (Idaho v. Wright, supra, 497 U.S. at p. 820, 110 S.Ct. 3139.)7

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