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Admissibility of Sex Crime Victim's Statements in Video Recording

  • DONG-A LAW REVIEW
  • 2011, (50), pp.201-230
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

CHOI BYUNG GAK 1

1동아대학교

Accredited

ABSTRACT

Recently in response to heinous sex crimes against children some tough countermeasures such as stricter penalty, internet registry, electronic surveillance, chemical castration and in-custody treatment have been widely introduced by legislation in korea. Among them the video recording of victim interview by the police or the prosecutor becomes obligatory. This is necessary to prevent secondary victimization also. And victim's statements in video recording are admissible where the correctness of recording is proven by the testimony of the victim or the reliable assistant during interview. Actually the statements of sex crime victim may be presented in some ways. Except for testimony by a victim-witness in court, all evidence including documents or video-tapes(files) recording victim interviews, victim's own records, and testimonies of victim's experiences are hearsays. Hearsay evidences are admissible if prescribed conditions are met. But the right of confrontation should be guaranteed to the criminal defendant because it is a fundamental right by the constitution. Though the necessity of protecting victim from secondary victimization is gross, it is essential to adhere due process principles in criminal proceedings. In this context when the sex crime victim's statements in video recording are admitted as incriminating evidences, the defendant shall be given an adequate and substantial opportunity to cross-examine the victim in trial.

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