State v. Rohrich
Washington Supreme Court
1Opinion of the CourtSanders, J.
The question is whether a child "testifies” for purposes of the child hearsay statute, RCW 9A.44.120(2)(a), when the child is called to the stand yet is not asked and does not answer any questions relating to the occurrences alleged in the hearsay. We conclude a child does not "testify” as referenced in the statute when she does not give testimony describing the acts of sexual contact alleged in the hearsay. Accordingly, we affirm the Court of Appeals’ reversal of defendant’s conviction.
FACTS
Gregory M. Rohrich was charged with two counts of First Degree Rape of a Child and two counts of First…
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