Maine Revised Statutes Title 15 Sec. 1205 – Certain out-of-court statements made by minors or persons with developmental disabilities describing sexual contact
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A hearsay statement made by a person under the age of 16 years or a person with a developmental disability as defined in Title 5, section 19503, subsection 3, describing any incident involving a sexual act or sexual contact performed with or on the minor or person by another, may not be excluded as evidence in criminal proceedings in courts of this State if: [PL 2005, c. 557, §1 (AMD).]
1. Mental or physical well-being of a person. On motion of the attorney for the State and at an in camera hearing, the court finds that the mental or physical well-being of that person will more likely than not be harmed if that person were to testify in open court; and
[PL 1985, c. 495, §1 (RPR).]
Terms Used In Maine Revised Statutes Title 15 Sec. 1205
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Testify: Answer questions in court.
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Examination and cross-examination. Pursuant to order of court made on such a motion, the statement is made under oath, subject to all of the rights of confrontation secured to an accused by the Constitution of Maine or the United States Constitution and the statement has been recorded by any means approved by the court, and is made in the presence of a judge or justice.
[PL 1985, c. 495, §1 (RPR).]
SECTION HISTORY
PL 1983, c. 411 (NEW). PL 1985, c. 495, §1 (AMD). PL 1987, c. 564 (AMD). PL 1989, c. 401, §B1 (AMD). PL 2005, c. 557, §1 (AMD).