The Iowa Supreme Court has ruled it was unconstitutional to let two children testify remotely against an alleged abuser. The children were in the judge’s office and their testimony was shown in the courtroom, but four justices ruled that violated the defendant’s right to confront his accusers. Professor Emily Hughes teaches criminal law at the University of Iowa Law School. She says if the video connection had given the children a view of the defendant in the courtroom, the opinion MAY have been different.
In Federal court, judges have authority to let children testify in child abuse cases by one-way, closed circuit video. Hughes says the Iowa Supreme Court’s ruling makes clear their decision rests on the IOWA Constitution, not the U-S Constitution.
State Senator Janet Petersen, a Democrat from Des Moines, says the ruling is outrageous and she may sponsor a bill to make it clear children could testify against an abuser via a two-way video connection.
Petersen says her concern is prosecutors may not be able to pursue some cases when the child is the only witness to the abuse.
Under current Iowa law, a lawsuit against an alleged abuser must be filed in civil court before the victim turns 19. An Illinois law passed in 2023 gives Illinois judges the discretion to let children under 13 testify outside the courtroom when warranted. Last year Colorado’s Supreme Court ruled prosecutors may use outside-the-courtroom testimony from older children, even if the defendant is accused of abuse or assault.
