24-8-827. Statements of mentally incapacitated persons age 17 or older.

As used in this Code section, the term “mentally incapacitated” means a mental impairment that substantially affects a person’s ability to provide personal protection; provide necessities, including, but not limited to, food, shelter, clothing, medical, or other healthcare; carry out the activities of daily living; or manage his or her resources.#

A statement made by a person who is 17 years of age or older who is mentally incapacitated that describes any act of nonconsensual sexual contact or any act of physical abuse performed with or on such mentally incapacitated person by another, or with or on another in the presence of such mentally incapacitated person, shall be admissible in evidence by the testimony of the person to whom such statement was made if the proponent of such statement provides pretrial notice to the adverse party of the intention to use such out-of-court statement and if such mentally incapacitated person testifies at the trial, unless the adverse party forfeits or waives such person’s testimony as provided in this title, and, at the time of the testimony regarding such out-of-court statement, the person to whom the mentally incapacitated person made such statement is subject to cross-examination regarding the out-of-court statement.#