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By Richard J. Chrystie, retired Los Angeles County deputy district attorney, Oct. 14, 2014
Regarding the Stephen Collins alleged molestation tape, I am not an expert in this particular area of the law, so it is possible an experienced child molestation prosecutor knows something I don’t know. While I cannot comment on the laws of New York -- where the NYPD has been investigating Collins for “inappropriate sexual contact with minors” since 2012 -- here are some legal points based upon California criminal law:
Penal Code section 632, subd.(a), prohibits one party from secretly recording a confidential communication with another party. To do so is a crime, punishable as a misdemeanor with up to one year in county jail and a fine, or punishable as a felony with up to either 16 months, or two years or three years in prison -- plus a fine. Penal Code section 801 places a three-year statute of limitations upon that crime.
Additionally, Penal Code section 632, subd.(d), says that evidence obtained as a result of any such secret recording is not admissible in any judicial, administrative, legislative or other proceeding. So the tape of Stephen Collins allegedly admitting to molesting a child is not admissible in court.
How about the wife testifying that Collins admitted the molestation to her? Would that be possible? The answer is no. Evidence Code section 980 establishes what is known as the confidential marital communication privilege. Stephen Collins can claim the privilege and prevent his wife from testifying in court as to what he said to her.
The same is true as to the therapist who was supposedly present when Collins made his remarks. Evidence Code section 1014 establishes the psychotherapist-patient privilege. Mr. Collins can claim the privilege and prevent the therapist from testifying in court as to what he said during the therapy session.
There are exceptions to the prohibition against secret recordings, and the inadmissibility of confidential marital communications and confidential communications to therapists, but none of those exceptions are applicable here.
The news articles I’ve read about the Stephen Collins matter say that he allegedly admitted placing the hand of a 10-year-old girl on his penis. That is child molestation -- a violation of Penal Code section 288, subd.(a). It is punishable by three, six or eight years in prison. The statute of limitations for that offense is 10 years per Penal Code section 801.1, subd.(b).
But since none of the therapy session evidence is admissible in court, the only way Mr. Collins could be prosecuted, assuming it happened within the past 10 years, is if the victim(s) can be located and will testify as to what happened. If corroborating evidence can be found -- such as a victim reporting the crime to a friend or incriminating notes or letters written to a victim by Collins -- and if a victim is a convincing witness, it is possible the case could be successfully prosecuted.
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