Rule 24-8-820. Testimony as to child's description of sexual contact or physical abuse

A statement made by a child younger than 16 years of age describing any act of sexual contact or physical abuse performed with or on such child by another or with or on another in the presence of such child shall be admissible in evidence by the testimony of the person to whom made if the proponent of such statement provides notice to the adverse party prior to trial of the intention to use such out-of-court statement and such child testifies at the trial, unless the adverse party forfeits or waives such child's testimony as provided in this title, and, at the time of the testimony regarding the out-of-court statements, the person to whom the child made such statement is subject to cross-examination regarding the out-of-court statements.

The 2013 amendment, effective July 1, 2013, substituted the present provisions of this Code section for the former provisions, which read: "A statement made by a child under the age of 14 years describing any act of sexual contact or physical abuse performed with or on the child by another shall be admissible in evidence by the testimony of the person to whom made if the child is available to testify in the proceedings and the court finds that the circumstances of the statement provide sufficient indicia of reliability." See editor's note for applicability.

Committee Notes

(Code 1981, § 24-8-820 , enacted by Ga. L. 2011, p. 99, § 2/HB 24; Ga. L. 2013, p. 222, § 13/HB 349.)