August 19, 2020
Jessica Miller

The Utah Supreme Court ruled Tuesday that children who report that they were sexual assaulted don’t need to testify and confront their alleged abuser multiple times in court.
The unanimous decision means that, going forward, young people who allege sexual abuse won’t have to testify at preliminary hearings, except in rare circumstances.
Paul Cassell, a University of Utah law professor who represented one of the alleged victims in the case, called the decision a “big victory” for crime victims.
“As recognized by the court today, there is no good reason for forcing victims to testify twice,” he said. “And given that most cases are resolved by plea bargains, this means that most victims will never need to relive the trauma of the crime through delivering in-court testimony.”
The decision stems from two cases where Utah men were accused of sexually abusing young girls. Defense lawyers had argued in each case that the alleged victim should testify at a preliminary hearing, a court procedure where a judge hears evidence early on in the case and rules if there is enough evidence for the case to move forward.
But the girls’ attorneys had argued that their interviews with the Children’s Justice Center was sufficient evidence for a preliminary hearing, where the stakes are much lower compared to a jury trial.
At a preliminary hearing, a judge hears evidence and decides whether there is a “probable cause” that someone likely committed a crime. “Hearsay” evidence is allowed at this hearing, such as sworn statements or recorded interviews, that would not typically be allowed at trial.
A jury must convict if prosecutors show someone is guilty “beyond a reasonable doubt.”
Attorneys for the girls agreed that they should testify at a jury trial, but argued that making them testify during a preliminary hearing when a recorded interview was available could retraumatize them.
The state’s high court agreed, though Associate Chief Justice Thomas Lee noted that the cases arise “at the difficult intersection between the rights of defendants and the rights of alleged victims in preliminary hearings.”

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