California, United States of America
The following excerpt is from People v. Zambrano, E057642 (Cal. App. 2015):
presence of the jury, that the time, content, and circumstances surrounding the statement(s) provide sufficient indicia of reliability; (2) the child either testifies at the proceedings, or, if the child is unavailable to testify, other evidence corroborates the out-of-court statements; and (3) the proponent of the statement gives notice to the adverse party sufficiently in advance of the proceeding to provide him or her with a fair opportunity to defend against the statement. [Citations.]" (People v. Roberto V. (2001) 93 Cal.App.4th 1350, 1367, fn. omitted.) The parties appear to be in agreement that the federal constitution imposes an additional requirement to Evidence Code section 1360 that the child victim be subject to cross-examination while testifying in court or, if the child is unavailable to testify, that the defendant had a prior opportunity to cross-examine the child.
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