Turbulent Aftermath of Crawford v. Washington: Where Do Child Abuse Victims' Statements Stand

Stephanie McMahon, University of Cincinnati College of Law


The Supreme Court in Crawford v. Washington clarified the meaning of the Confrontation Clause and set forth a new bright line rule regarding the requirement of cross-examination for testimonial statements.! Because of this new rule, many, if not all, child abuse victims' statements are potentially inadmissible in court. This note addresses the changes of the evidentiary analysis in the wake of Crawford, some potential interpretations of the decision, and alternative methods to admit these crucial witness and victim statements into court.