Vermont Judiciary Committee Hears Support for H.5 to Extend Hearsay Exception to 13–15-Year-Olds

The Judiciary Committee heard testimony Jan. 7 on H.5, a bill to amend Rule 804(a) of the Vermont Rules of Evidence to expand an existing hearsay exception now limited to children 12 and under so it would also cover victims aged 13–15.

Jennifer Pullman, director of the Vermont Center for Crime Victim Services, told the committee she has been involved in this issue since the mid-2000s and framed H.5 as a measure to align protections with developmental research and practice. "Forty other states have the same, exact exception," she said, and argued the bill would help ensure disclosures to trusted adults by adolescents are not excluded solely because of an arbitrary age cutoff.

Domenica Padula, chief of the criminal division at the Vermont Attorney General's Office, said the AG's office supports H.5 and described how prosecutors use evidentiary tools in child sexual‑assault cases. Padula emphasized that admissibility under Rule 804(a) would not remove defendants' confrontation rights: "We still are requiring that young person to be available to testify," she said, and judges would review time, content and circumstances to determine whether a statement is sufficiently reliable to admit.

Prosecutors and victim advocates repeatedly told the committee that the rule already embeds threshold safeguards: statements must generally not have been made in preparation for a legal proceeding, statements used under the exception must normally predate the defendant's initial appearance, and the court must find the time, content and circumstances provide substantial indicia of trustworthiness.

Committee members pressed witnesses on procedural history and workload. One member asked whether the change had been pursued through the courts' official rules process; legislative staff and witnesses said versions of the proposal have circulated but not consistently advanced through the rules committee, prompting the current legislative approach. Members also raised resource questions for investigative units that handle child sexual‑abuse material and related tips. On that point Padula said the office is stretched but that the change "shouldn't" create an unmanageable resource burden and that some cases can be prosecuted without a victim when digital evidence exists.

Advocates framed the change as trauma‑informed and narrowly targeted: Charley Lesterman, policy director at the Vermont Network Against Domestic and Sexual Violence, said the network "is proud to support H.5," describing the bill as an extension of age‑appropriate protections that can reduce additional trauma for young victims.

The committee did not take a vote on H.5 during the Jan. 7 hearing. Committee leadership scheduled additional witnesses on H.5 for the next day at 09:00 and said members would meet for a committee discussion after receiving that testimony.