A statement obtained from a victim or witness in violation of AS 12.61.120 or 12.61.125 is presumed inadmissible in a prosecution of the defendant. To overcome the presumption of inadmissibility, the defendant must prove by clear and convincing evidence that
(1) the statement is reliable;
(2) similar evidence is unavailable from any other source; and
(3) failure to introduce the statement would substantially undermine the reliability of the fact-finding process and result in manifest injustice.
Structure Alaska Statutes
Title 12. Code of Criminal Procedure
Chapter 61. Rights of Victims; Protection of Victims and Witnesses
Article 2. Victim and Witness Information Confidentiality.
Sec. 12.61.100. Declaration of purpose.
Sec. 12.61.110. Confidentiality of victim and witness addresses and telephone numbers.
Sec. 12.61.120. Disclosure to defense; contacts with victims and witnesses.
Sec. 12.61.125. Victims and witnesses of sexual offenses.
Sec. 12.61.127. Inadmissibility of statements taken in violation of AS 12.61.120 or 12.61.125.
Sec. 12.61.130. Disclosure during court proceedings.