STATE v. STORCH

No. 91-2218.

66 Ohio St.3d 280 (1993)

THE STATE OF OHIO, APPELLANT, v. STORCH, APPELLEE.

Supreme Court of Ohio.

Decided May 19, 1993.


Attorney(s) appearing for the Case

Kevin J. Baxter, Prosecuting Attorney, and Ronald R. Smith, Assistant Prosecuting Attorney, for appellant.

Dennis P. Levin, for appellee.

Jeffrey M. Welbaum, urging reversal for amicus curiae, Ohio Prosecuting Attorneys Association.


TYACK, J.

A very small child may not be competent to testify in open court. If such a child is abused, the child may not be able to identify his or her attacker at a trial or to tell the trier of fact what happened. Unless some other form of evidence can be presented, those who abuse small children will be at liberty to do so with utter impunity. This need for admissible evidence to force those who abuse small children to face the legal consequences of the abuse pushes...

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