Legal Topics

Criminal law — Discovery — Depositions — Victim of sexual offense under age of 12

Jul 05th, 2024 in by admin

Criminal law — Discovery — Depositions — Victim of sexual offense under age of 12 — Constitutionality of statute — Section 92.55(6), which requires that court determine whether it is appropriate to take deposition of victim of sexual offense who is under age 16, creates presumption that taking deposition of victim under age 12 is not appropriate if state is not seeking death penalty and allows court to impose limitations and conditions on depositions — Statute creates substantive right for victims who are minors and does not unconstitutionally infringe on Florida Supreme Court’s rulemaking authority