Child Sexual Abuse Evidence & Trial Court Procedure Issues
Child Sexual Abuse Evidence & Trial Court Procedure Issues Judge Robert P. Ringland Revised July 2015 i PREFACE Child sexual abuse cases are one of the most challenging types of cases to deal with as an attorney or judge. This guide is designed to assist the bench and bar in addressing those evidentiary issues common to those cases. While most of the cases herein involve children I have occasionally mentioned cases involving adult victims where the holdings may pertain to child sexual abuse. I have, with rare exceptions, avoided reporting holdings involving prior acts under Evidence Rules 403-404 in as much as these cases are generally fact specific and are decided on a case by case basis. This bench book is hopefully designed to be a starting guide in research and certainly not as a final source. It is not designed to provide legal advice. I wish to acknowledge the following who have helped me compile these cases over the past 26 years: Sasha Blaine, Esq., Aaron Susmarski, Carolyn Besl, Esq., Joshua Vineyard, Esq., Daniel Linneman, Esq., Andrew Thaler, Esq., Laura Johnson, Esq., Kate Bedinghaus, Esq., Becky Carroll Hudson, Esq., Melissa Whalen, Esq., Terrance McQuown, Esq., Sally Moore, Esq. and Diana Thomas, Esq. and Ethan Miller. ii Table of Contents I. CHILD ABUSE: REPORTING & REPORT CONFIDENTIALITY ............................................. 1 A. DUTY TO REPORT: THE ROLE OF R.C. § 2151.421 & § 5153.16 ..................................................................... 1 B. CONFIDENTIALITY OF CHILD ABUSE REPORTS ..............................................................................................
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