In Crawford v. Washington the Supreme Court ruled that cross-examination is required of witnesses at trial unless a witness was unavailable (e.g., sick or dead). The court said that a defendant had the Constitutional right to face his accusers, that testimonial statements by witnesses who did not appear at trial were hearsay. And hearsay was not admissible.3 This meant victims who were too terrified to appear in court but were otherwise healthy could no longer allow prosecutors to use their statements.
