                                 CODE OF VIRGINIA

DEPOSITIONS OF COMPLAINING WITNESSES IN CASES OF CRIMINAL SEXUAL ASSAULT AND
ATTEMPTED CRIMINAL SEXUAL ASSAULT (§ 18.2-67)

Before or during the trial for an offense or attempted offense under this
article, the judge of the court in which the case is pending, with the consent
of the accused first obtained in open court, by an order of record, may direct
that the deposition of the complaining witness be taken at a time and place
designated in the order, and the judge may adjourn the taking thereof to such
other time and places as he may deem necessary. Such deposition shall be taken
before a judge of a circuit court in the county or city in which the offense was
committed or the trial is had, and the judge shall rule upon all questions of
evidence, and otherwise control the taking of the same as though it were taken
in open court. At the taking of such deposition the attorney for the
Commonwealth, as well as the accused 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 court. No other person shall be present
unless expressly permitted by the judge. Such deposition shall be read to the
jury at the time such witness might have testified if such deposition had not
been taken, and shall be considered by them, and shall have the same force and
effect as though such testimony had been given orally in court. The judge may,
in like manner, direct other depositions of the complaining witness, in rebuttal
or otherwise, which shall be taken and read in the manner and under the
conditions herein prescribed as to the first deposition. The cost of taking such
depositions shall be paid by the Commonwealth.

HISTORY: Code 1950, § 18.1-47; 1960, c. 358; 1975, cc. 14, 15, 606; 1981, c.
397.