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Prosecutors need help offered by 'child hearsay'

Bill would provide tool for prosecuting sexual abuse cases

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South Carolina could join 44 other states by passing a law that would allow small children to avoid the pain of having to testify in court about sexual abuse or certain other crimes.

But the "child hearsay" bill remains in a House Judiciary subcommittee. The Senate passed the bill more than a year ago. It's time for this bill to get to the governor's desk.

Shauw Chin Capps, executive director of Hope Haven of the Lowcountry, this region's children's advocacy and rape crisis center, says South Carolina is one of only six states without such a law on the books. Today, children who are alleged victims of abuse must take the witness stand. Their out-of-court testimony or disclosure of the abuse to law enforcement or other professionals is not admissible in court.

Capps writes in a letter to state Rep. Bill Herbkersman of Bluffton, who serves on the Criminal Laws Subcommittee, that children need a level playing field in criminal court. Children are not adults and should not be treated like adults. "They don't think like us, talk like us, nor do they have the mental abilities at (the age of 12 and under) to understand nuances of questions posed to them by defense attorneys."

In her plea for support, she lists several key points:

• Ninety percent of sexual abuse cases do not have physical signs or witnesses, which means that a child's disclosure is critical in prosecuting these cases.

• The bill does provide provisions for the court to decide whether out-of-court testimony of a child is reliable or admissible.

Capps also says that all 18 children's advocacy centers in the state have trained forensic interviewers and the protocol used has been recognized by the Supreme Court as a field of expertise.

State lawmakers should provide this critical tool to prosecutors and help lessen the burden on children who have already gone through enough.

And the community as a whole should support the work of Hope Haven and other centers like it. The local center this weekend is holding its second annual Lilies on the River fundraiser, which honors women who have made a positive impact through mentoring, nurturing or caring. The lilies will be released Saturday at the Riverhouse dock on Spring Island. The names of those honored will be published in The Island Packet and The Beaufort Gazette on Sunday, Mother's Day. A luncheon will be held at noon Sunday on Spring Island.

For information about the lilies or the luncheon, call 524-2256 or visit http://www.liliesontheriver.org/.