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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>76985</law_id><section_number>18.2-67</section_number><catch_line>Depositions of complaining witnesses in cases of criminal sexual assault and attempted criminal sexual assault</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="18.2">Crimes and Offenses Generally</unit><unit label="chapter" level="2" order_by="1" identifier="4">Crimes Against the Person</unit><unit label="article" level="3" order_by="1" identifier="7">Criminal Sexual Assault</unit></structure><text>
						<section><p>Before or during the <span class="dictionary">trial</span> for an <span class="dictionary">offense</span> or attempted <span class="dictionary">offense</span> under this article, the <span class="dictionary">judge</span> of the <span class="dictionary">court</span> in which the case is pending, with the consent of the <span class="dictionary">accused</span> first obtained in open <span class="dictionary">court</span>, by an <span class="dictionary">order</span> of record, may direct that the <span class="dictionary">deposition</span> of the <span class="dictionary">complaining witness</span> be taken at a time and place designated in the <span class="dictionary">order</span>, and the <span class="dictionary">judge</span> may adjourn the taking thereof to such other time and places as he may deem necessary. Such <span class="dictionary">deposition</span> shall be taken before a <span class="dictionary">judge</span> of a <span class="dictionary">circuit</span> <span class="dictionary">court</span> in the county or city in which the <span class="dictionary">offense</span> was committed or the <span class="dictionary">trial</span> is had, and the <span class="dictionary">judge</span> shall rule upon all questions of <span class="dictionary">evidence</span>, and otherwise control the taking of the same as though it were taken in open <span class="dictionary">court</span>. At the taking of such <span class="dictionary">deposition</span> the attorney for the Commonwealth, as well as the <span class="dictionary">accused</span> and his attorneys, shall be present and they shall have the same rights in regard to the examination of such witness as if he or she were testifying in open <span class="dictionary">court</span>. No other person shall be present unless expressly permitted by the <span class="dictionary">judge</span>. Such <span class="dictionary">deposition</span> shall be read to the <span class="dictionary">jury</span> at the time such witness might have testified if such <span class="dictionary">deposition</span> had not been taken, and shall be considered by them, and shall have the same force and effect as though such <span class="dictionary">testimony</span> had been given orally in <span class="dictionary">court</span>. The <span class="dictionary">judge</span> may, in like manner, direct other <span class="dictionary">depositions</span> of the <span class="dictionary">complaining witness</span>, in <span class="dictionary">rebuttal</span> or otherwise, which shall be taken and read in the manner and under the conditions herein prescribed as to the first <span class="dictionary">deposition</span>. The cost of taking such <span class="dictionary">depositions</span> shall be paid by the Commonwealth.</p></section></text><history>Code 1950, &#xA7; 18.1-47; 1960, c. 358; 1975, cc. 14, 15, 606; 1981, c. 397.</history><metadata></metadata></law>
