Illinois Appellate Court
Criminal Court
Hearsay
Defendant was convicted, after jury trial, of predatory criminal sexual assault. The reliability requirement of Section 115-10 of Criminal Code does not affect its constitutionality, because hearsay testimony still must meet constitutional requirements in addition to statutory requirement of reliability. Considering totality of circumstances, court did not abuse its discretion in allowing child's 'videotaped statement to be shown to jury. Jury could have found videopated statement more complete and trustworthy than her trial testimony, given its proximity in time to the incident. Any inconsistences affect weight rather than admissibility of taped statement. Victim is not required to testify to every element of a charged offense before evidence of her hearsay statements can bew admitted per Section 115-10.
(TURNER and STEIGMANN, concurring.)