On 14 March 1997, a jury found defendant guilty of first degree rape, first degree sexual offense and taking indecent liberties with a minor. Defendant was sentenced to an active prison term of no less than 384 months and no more than 460 months. Attorney General Michael F. Easley, by Assistant Attorney General R. Kendrick Cleveland, for the State. John F. Oates, Jr., for defendant-appellant. We first consider whether the trial court erred in admitting into evidence the hearsay statements of the victim, J. Defendant contends that the trial court, in order to admit the hearsay statements, must make specific findings of fact with respect to the trustworthiness and probative value of the statements.
Defendant asserts that the trial court made no such findings.
Additionally, defendant argues that even if the trial court had made the required findings of fact, the statements would fail to meet the test of admissibility. First, defendant argues that the statements made by J to Officer Taylor and Ms. Burnett were not specific as to time, place and occurrence. Additionally, defendant contends that J's statements to the officers were inconsistent. Defendant asserts that the trial court violated defendant's right to confrontation because the statements were not reliable enough to justify their admission without any opportunity for cross-examination. The State first contends that the trial court properly determined that J was unavailable due to her emotional state and not as a result of her incompetency to testify.