State Supreme Court upholds Messmer's protections for child sexual assault victims in court depositions

Local Sources — Last week, the Indiana Supreme Court released its opinion on Steven Church v State of Indiana, upholding State Sen. Mark Messmer's legislation from the 2020 legislative session protecting child victims of sexual assault during court depositions.

Senate Enrolled Act 206 takes into account the psychological well-being of children who are sexual assault survivors by defining the procedures for depositions of any victim of a sex crime who is under 16 years of age. A deposition is when a person gives sworn testimony before trial, where the defense attorneys get to question the accuser. SEA 206 prevents a child victim of sexual assault from having to re-live their traumatic experience prior to trial.

"I'm very pleased to see our state Supreme Court uphold this law," Messmer said. "This is a big win for child victims of sexual assault. SEA 206 protects these survivors from hostile depositions and takes into account the trauma they have endured while also maintaining the constitutional right of the defense counsel to question them in a trial setting."

To learn more about SEA 206, click here.

To view the Indiana Supreme Court's opinion on Steven Church v State of Indiana, Click here.