dissenting, in which NAKAYAMA, J., joins.
For the reasons set forth below, I disagree with the majority’s holding that “the admission of the complainant’s videotaped interview in lieu of direct examination violated Apilando’s right of confrontation under article I, section 14 of the Hawai'i Constitution.” Majority at 141, 900 P.2d at 148. Accordingly, I dissent.
I. The “unavailability” requirement
As noted by the majority, majority at 132-33, 900 P.2d at 139-40, when considering claimed violations of the confrontation clause of article I, section 14 of the Hawai'i Constitution, we have steadfastly adhered to the analysis propounded by the United States Supreme Court in Ohio v. Roberts, 448 U.S. 56, 100 S.Ct. 2531, 65 L.Ed.2d 597 (1980), despite the fact that the Supreme Court has subsequently limited the scope of that analysis under the sixth amendment to the United States Constitution. See State v. McGriff, 76 Hawai'i 148, 871 P.2d 782 (1994); State v. Ortiz, 74 Haw. 343, 845 P.2d 547, reconsideration denied, 74 Haw. 650, 849 P.2d 81 (1993); but see State v. Ofa, 9 Haw.App. 130, 828 P.2d 813 (1992).
I believe, however, that the majority has misapplied the Roberts test. According to the first part of the Roberts test, “the prosecution must either produce, or demonstrate the unavailability of, the declarant whose statement it wishes to use against the defendant.” 448 U.S. at 65, 100 S.Ct. at 2538. I agree with the majority that the prosecution failed to demonstrate the unavailability of the declarant in the instant case. See majority at 138, 900 P.2d at 145. However, because the complainant testified on cross and redirect examination and exhibited an independent, albeit imperfect, recollection of the circumstances surrounding the alleged assault, see majority at 130-31, 900 P.2d at 137-38, I believe the declarant was “produced” within the meaning of the Roberts test, and Apilan-do’s right to confront the witnesses against him was not violated.
As I understand the majority’s analysis, in its view, before out-of-court statements can be admitted as evidence, the Roberts test requires the prosecution to demonstrate the unavailability of the declarant even if the declarant is present for cross-examination at trial. In Roberts, however, the Supreme Court only held that “when a hearsay declar-ant is not present for cross-examination at trial, the Confrontation Clause normally requires a showing that he is unavailable.” 448 U.S. at 66, 100 S.Ct. at 2539. Moreover, the majority’s reliance on McGriff, supra, and Ortiz, supra, is misplaced because the hearsay declarant did not testify at trial and was not present for cross-examination in either of those cases. In fact, all of the appellate cases in this jurisdiction that have discussed the unavailability requirement since Roberts have dealt with situations in which the hearsay declarant did not testify at trial. See McGriff, supra; Ortiz, supra; Ofa, supra; State v. Beyer, 72 Haw. 469, 822 P.2d 519 (1991); State v. Lincoln, 71 Haw. 274, 789 P.2d 497, reconsideration granted in part, denied in part, 71 Haw. 665, 833 P.2d 900, cert. denied, 498 U.S. 907, 111 S.Ct. 277, 112 L.Ed.2d 232 (1990); State v. Bates, 70 Haw. 343, 771 P.2d 509 (1989); In re Interest of Doe, 70 Haw. 32, 761 P.2d 299 (1988); State v. Rodrigues, 7 Haw.App. 80, 742 P.2d 986 (1987); State v. White, 65 Haw. 286, 651 P.2d 470 (1982).
*144In California v. Green, 399 U.S. 149, 90 S.Ct. 1930, 26 L.Ed.2d 489 (1970), the United States Supreme Court addressed the issue whether the admission of out-of-court statements of a declarant who is present at trial violates the confrontation clause of the sixth amendment to the United States Constitution. In its discussion of the development of the right to confrontation, the Court noted that historically
objections ... have been aimed at the failure to call the witness to confront personally the defendant at his trial. So far as appears, in claiming confrontation rights no objection was made against receiving a witness’[s] out-of-court depositions or statements, so long as the witness was present at trial to repeat his story and to explain or repudiate any conflicting prior stories before the trier of fact.
.... Viewed historically, then, there is good reason to conclude that the Confrontation Clause is not violated by admitting a declarant’s out-of-court statements, as long as the declarant is testifying as a witness and subject to full and effective cross-examination.
399 U.S. at 157-58, 90 S.Ct. at 1934-35. The Court further explained that “[tjhis conclusion is supported by comparing the purposes of confrontation with the alleged dangers in admitting an out-of-court statement.” Id. at 158, 90 S.Ct. at 1935. Finally, the Court noted that “none of [the Court’s] decisions interpreting the Confrontation Clause requires excluding the out-of-court statements of a witness who is available and testifying at trial.” Id. at 161, 90 S.Ct. at 1936. Indeed, “where the declarant is not absent, but is present to testify and to submit to cross-examination, [the Court’s] cases, if anything, support the conclusion that the admission of his out-of-court statements does not create a confrontation problem.” Id. at 162, 90 S.Ct. at 1937.
Ultimately, the Court held that
the Confrontation Clause does not require excluding from evidence the prior statements of a witness who concedes making the statements, and who may be asked to defend or otherwise explain any inconsistency between his prior and his present version of the events in question, thus opening himself to full cross-examination at trial as to both stories.
399 U.S. at 164, 90 S.Ct. at 1938.
Accordingly, many courts have held that the admission of out-of-court statements of a witness does not violate a defendant’s confrontation rights provided that the witness testifies at trial subject to cross-examination. On a number of occasions, as in the instant case, this issue has arisen in the context of out-of-court statements made by children who were allegedly sexually abused.
For example, in Feleke v. State, 620 A.2d 222 (Del.1993), within a month after a child had allegedly been sexually abused, the police conducted two interviews of the child. The child testified and was cross-examined at trial. Thereafter, tapes of the two interviews were admitted into evidence.
The Delaware Supreme Court “noted that the Confrontation Clause is not an absolute guarantee of the right to cross-examine, but rather is an availability rule — that requires the production of a witness when he is available to testify.” Feleke, 620 A.2d at 228 (citation and quotation marks omitted).1 The court then held that because the child was subject to both direct and cross-examination, “despite [the defendant’s dissatisfaction with the cross-examination, the Confrontation Clause is satisfied because the defense was given a full and fair opportunity to probe and expose any infirmities through cross-exami-nationf.]” Id. (citation, quotation marks, and footnote omitted).
Similarly, in State v. Feazell, 486 So.2d 327 (La.Ct.App.), writ denied, 491 So.2d 20 (La.1986), about a month after a child had allegedly been sexually abused, a psychologist conducted a videotaped interview with the child. “The State offered the videotape in evidence as the direct testimony of the child *145and, at the conclusion of the videotape, tendered the child in person for cross-examination by defendant.... Defense counsel thoroughly cross-examined the child.” 486 So.2d at 331.
The defendant “contend[ed] that introduction of the videotape violated his constitutional right of confrontation.” Id. at 330. The Louisiana Court of Appeal rejected the defendant’s argument, holding that “the defendant’s constitutional right of confrontation was not violated since he was given an opportunity to cross-examine the witness against him.” Id. at 331.
Likewise, in State v. Rogers, 213 Mont. 302, 692 P.2d 2 (1984), a videotaped interview with a child who was allegedly sexually abused was conducted a few days after the alleged offense and several weeks prior to the defendant’s arrest. A detective with experience in sexual abuse and incest cases and a social worker conducted the interview. The child testified at trial and was cross-examined. In addition, the detective who participated in the interview testified. During the detective’s testimony, he recounted portions of the videotaped interview. The actual videotape of the interview was later admitted into evidence and shown to the jury-
The “defendant contended] that it was reversible error for the trial court to admit the videotape of the interview into evidence because he was not present [at the interview] to confront and cross-examine [the child].” Rogers, 213 Mont. at 308, 692 P.2d at 5. The Montana Supreme Court rejected the defendant’s argument holding that because the child “was present and testified at trial[, the defendant's rights to confrontation and cross-examination were preserved.” Id. at 309, 692 P.2d at 6.
Decisions from other courts lend additional support to this interpretation of the confrontation clause. See, e.g., State v. Gallagher, 150 Vt. 341, 554 A.2d 221, cert. denied, 488 U.S. 995, 109 S.Ct. 563, 102 L.Ed.2d 588 (1988)2; State v. Carver, 380 N.W.2d 821 (Minn.Ct.App.1986)3; cf. Cogburn v. State, 292 Ark. 564, 732 S.W.2d 807 (1987).4
*146On the other hand, some courts have held that the holding in Green that when a witness testifies at trial subject to cross-examination the confrontation clause is not offended by the admission into evidence of that witness’s out-of-court statements only applies when the proffered out-of-court statements are inconsistent with the witness’s trial testimony.
For example, in State v. Pilkey, 776 S.W.2d 943 (Tenn.1989), cert. denied, 494 U.S. 1032, 1046, 110 S.Ct. 1483, 1510, 108 L.Ed.2d 619, 646 (1990), about a month after a child had allegedly been sexually abused, a child protective services worker conducted a videotaped interview of the child. The videotape of the interview was played for the jury at trial. The interviewer testified at trial, but the child, although apparently present and available to be called as a witness, was not called by either party.
The court noted that under a state statute the “videotaped interview would be admissible, as substantive evidence, during the state’s case-in-chief where ‘either party is allowed to call the child as a witness’ and where ‘the opposing party’ is allowed to ‘cross-examine’ the child.” Pilkey, 776 S.W.2d at 948. Although statutorily acceptable, the court ruled that to “permit a videotape procured outside the defendant’s presence to be used as evidence in chief by the prosecution, ... impermissibly infringes upon the confrontation rights of the accused.” Id. at 951 (footnote omitted).
In reaching its decision, the Pilkey court relied heavily on the case of State v. Bastien, 129 Ill.2d 64, 133 Ill.Dec. 459, 541 N.E.2d 670 (1989), quoting from it at length as follows:
The crucial difference, however, between the out-of-court statement in Green and the out-of-court videotaped statement in the case at bar is th^t in Green the statement was a prior inconsistent statement. It is clear that the nature of the statement at issue was critical to the Court. In a passage most pertinent to the case at bar, the Court stated:
The main danger in substituting subsequent for timely cross-examination seems to lie in the possibility that the witnesses] “[f|alse testimony is apt to harden and become unyielding to the blows of truth in proportion as the witness has opportunity for reconsideration and influence by the suggestions of others, whose interest may be, and often is, to maintain falsehood rather than truth.” State v. Saporen, 205 Minn. 358, 362, 285 N.W. 898, 901 (1939). That danger, however, disappears when the witness has changed his testimony so that, far from “hardening,” his prior statement has softened to the point where he now repudiates it.
399 U.S. at 159, 90 S.Ct. at 1935-36[.]
The danger identified by the Supreme Court is precisely the danger presented by the delayed cross-examination authorized by the challenged statute. It is quite possible that the videotaping and the trial will take place months apart. During that time, the child undoubtedly will have contact with the prosecutor and relatives who, consciously or unconsciously, may influence the child. We are convinced that the statute, by prohibiting contemporaneous cross-examination, unnecessarily and im-*147permissibly infringes on an accused’s right of confrontation.
Pilkey, 776 S.W.2d at 950 (quoting Bastien, 129 Ill.2d at 76-77, 133 Ill.Dec. at 464-65, 541 N.E.2d at 675).
Several courts in other jurisdictions, however, have not found any constitutionally significant difference between the admission of consistent and inconsistent out-of-court statements as long as the declarant testifies at trial subject to cross-examination. In Felix v. State, 109 Nev. 151, 849 P.2d 220 (1993), in response to the appellants’ argument that their confrontation rights had been violated by the admission into evidence of various hearsay statements of children who had allegedly been sexually abused, the Nevada Supreme Court explained as follows:
If a child does testify, admission of that child’s prior consistent or inconsistent out-of-court statements does not violate the defendant’s constitutional right to confrontation, so long as the child is subject to full and effective cross-examination concerning the statements. Although a witness’s pri- or consistent out-of-court statements generally are inadmissible hearsay, such statements do not violate the Confrontation Clause.
Felix, 109 Nev. at 175, 849 P.2d at 237 (citations omitted).
Similarly, in Carson v. Collins, 993 F.2d 461 (5th Cir.), cert. denied, — U.S. -, 114 S.Ct. 265, 126 L.Ed.2d 217 (1993), several weeks after a child had allegedly been sexually abused, a social worker conducted a videotaped interview. At trial, the child and the social worker testified and were subject to cross-examination. In addition, the videotape of the interview was admitted into evidence.
In a federal habeas petition, the defendant argued that the admission of the videotape violated his right to confrontation. The court rejected his argument, holding that “introduction of out-of-court statements, even if unreliable, does not violate the confrontation clause where the declarant testifies at trial subject to full and effective cross-examination.” Carson, 993 F.2d at 464 (footnote omitted). The court further considered the fact that “[the childj’s live testimony precisely matched her recorded statements[,]” and concluded that the videotape “constituted at worst cumulative evidence, admission of which does not warrant habeas corpus relief [ (i.e., did not deny the accused due process of law) ].” Id. at 465 (footnote omitted).
In addition, although not specifically addressing the issue, none of the previously cited cases, see Feleke, supra; Feazell, supra; Rogers, supra; Gallagher, supra, relied on the fact that the out-of-court statements were inconsistent with the declarant’s trial testimony. See also Newberry v. State, 184 Ga.App. 356, 357, 361 S.E.2d 499, 501 (1987) (“Prior consistent statements of a witness who takes the stand and is subject to cross-examination are admissible as substantive evidence.”)5; Carver, 380 N.W.2d at 825 (“[T]he trial court properly admitted the statements made by [the] children because their trial testimony was largely consistent with their earlier statements and [the defendant] had an opportunity to cross-examine them.”).
I agree with the cases that hold that the admission of prior statements of a declarant, whether consistent or inconsistent, does not violate the confrontation clause provided that the declarant testifies at trial subject to cross-examination. As in Green, I believe that
[t]his conclusion is supported by comparing the purposes of confrontation with the alleged dangers in admitting an out-of-court statement. Confrontation:
(1) insures that the witness will give his statements under oath — thus impressing him with the seriousness of the matter and guarding against the lie by the possibility of a penalty for perjury; (2) forces the witness to submit to cross-examination, the “greatest legal engine ever invented for *148the discovery of truth”; (3) permits the jury that is to decide the defendant’s fate to observe the demeanor of the witness in making his statement, thus aiding the jury in assessing his credibility.
It is, of course, true that the out-of-court statement may have been made under circumstances subject to none of these projections. But if the declarant is present and testifying at trial, the out-of-court statement for all practical purposes regains most of the lost protections.... [A]s far as the oath is concerned, the witness must now affirm, deny, or qualify the truth of the prior statement under the penalty of perjuryL]
Second, the inability to cross-examine the witness at the time he made his prior statement cannot easily be shown to be of crucial significance as long as the defendant is assured of full and effective cross-examination at the time of trial....
[Finally, t]he witness who now relates a ... story about the events in question must necessarily assume a position as to the truth value of his prior statement, thus giving the jury a chance to observe and evaluate his demeanor as he either [affirms,] disavows[,] or qualifies his earlier statement.... The defendant’s confrontation rights are not violated, even though some demeanor evidence that would have been relevant in resolving this credibility issue is forever lost.
It may be true that a jury would be in a better position to evaluate the truth of the prior statement if it could somehow be whisked magically back in time to witness a gruelling cross-examination of the declar-ant as he first gives his statement. But the question as [I] see it must be not whether one can somehow imagine the jury in “a better position,” but whether subsequent cross-examination at the defendant’s trial will still afford the trier of fact a satisfactory basis for evaluating the truth of the prior statement. On that issue, neither evidence nor reason convinces [me] that contemporaneous cross-examination before the ultimate trier of fact is so much more effective than subsequent examination that it must be made the touchstone of the Confrontation Clause.
Green, 399 U.S. at 158-61, 90 S.Ct. at 1935-36 (footnotes omitted).
There is nothing in the holdings or analyses of Coy v. Iowa, 487 U.S. 1012, 108 S.Ct. 2798, 101 L.Ed.2d 857 (1988) and Maryland v. Craig, 497 U.S. 836, 110 S.Ct. 3157, 111 L.Ed.2d 666 (1990), or the majority’s lengthy discussion thereof, see majority at 135-37, 900 P.2d at 142-44, that detracts from this reasoning. Both of those cases addressed only the issue whether, and under what circumstances, the face-to-face aspect of confrontation can be dispensed with during a witness’s trial testimony. In the instant case, no procedures were employed whereby a screen shielded the witness from the defendant as in Coy, or the witness testified outside the courtroom via one-way closed circuit television as in Craig; the complainant testified in the courtroom in the presence of the defendant. As such, those decisions have little, if any, relevance to the instant case.
Thus, because the complainant testified at trial regarding the circumstances surrounding the alleged assault, and did so in the courtroom in the presence of the defendant, I would hold that Apilando’s right to confront the witnesses against him was not violated.
II. The use of the videotape as the victim’s direct testimony
One of the majority’s primary concerns in the instant case is apparently the fact that the complainant’s prior statements were presented in lieu of her direct testimony, as part of the prosecution’s case-in-chief. I agree that when a witness is present at trial the admission of the witness’s out-of-court statements prior to the witness’s live testimony is problematic for a number of reasons.
First, the trial court cannot determine whether the witness will be subject to “full and effective” cross-examination until the witness demonstrates an independent recollection regarding the events that are the subject of the out-of-court statements.6 If *149the witness is not subject to “full and effective” cross-examination, then the rationale espoused above loses its persuasiveness.7
Second, even if the admission of the out-of-court statements would not violate the confrontation clause, the trial court should retain the authority to exclude the statements under Rule 40B of the Hawai'i Rules of Evidence (HRE).8 In this context, I agree with the following discussion from Felix, supra:
The admission of hearsay accusations pursuant to [statute] requires additional consideration of how such hearsay testimony interfaces with our rules generally prohibiting the admission of prior consistent statements, prohibiting the admission of cumulative statements, prohibiting one witness from vouching for the testimony of another witness, and permitting the [trial court] judge to exercise discretion in ruling evidence inadmissible when'its probative value is outweighed by its potentially prejudicial effect.
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When a [child sexual assault] victim testifies, the State should be able to elicit additional testimony recounting the child-victim’s hearsay accusations of [child sexual assault] if the child has not fully and accurately described the crime and its surrounding facts and circumstances. There are numerous instances in which a child witness cannot remember the specifics of an incident, such as when an assault took place or the sequence of events, but may have clearly recited them at a prior time. This hearsay should be admissible if it meets the requirements of [the statute]. However, once sufficient testimony is received to fully assert the child’s allegations, additional hearsay testimony should be judiciously limited for the [following] reasons[:] (1) the additional recounting of the alleged crime is usually a prior consistent statement that becomes unnecessary once the victim’s allegations have been fully asserted; (2) such testimony is cumulative and usually amounts to the witness vouching for the victim’s testimony; and (3) the continued repetition of [child sexual assault] accusations would usually render such testimony more prejudicial than probative.
Felix, 109 Nev. at 199-201, 849 P.2d at 253.
Finally, HRE Rule 616(b)’s requirement that “[t]he child [be] present to testify” *150should not be interpreted in such a manner that the prosecution would be able to prove its case solely on the basis of a child’s out-of-court statements without allowing the defendant the opportunity to cross-examine the child during the prosecution’s case in chief.9
For the foregoing reasons, I agree that when a witness is present, the prosecution should not be allowed to introduce the witness’s out-of-court statements until the witness has testified at trial. In the instant case, however, I believe that any error in allowing the prosecution to introduce the videotape prior to the victim’s live testimony was harmless.
First, the victim exhibited an independent, albeit imperfect, recollection of the events and was therefore subject to “full and effective” cross-examination. Second, because there were a number of details of the incident that the victim was unable to recall during her live testimony the admission of the videotape evidence was not so cumulative such that “its probative value [was] substantially outweighed by the danger of unfair prejudice.” Finally, although the victim did not give any live testimony until she was “cross-examined” by the defense, the record reveals that this “cross-examination” and the subsequent “re-direct” took place during the prosecution’s case-in-chief. Therefore, I do not believe that Apilando suffered any prejudice by virtue of the fact that the circuit court allowed the prosecution to introduce the victim’s videotaped interview into evidence prior to the victim’s live testimony at trial. Accordingly, I dissent.
. In addition, by statute in Delaware, a two-part foundation must be established before a witness’s out-of-court statements can be admitted: "First, the witness must testify as to the truthfulness of the statement. Second, the witness must testify as to the events perceived or heard.” Feleke, 620 A.2d at 226-27.
. In Gallagher, about a week after a child had allegedly been sexually abused, she told a teacher of the alleged abuse. The child was subsequently interviewed by a social worker. The child testified and was cross-examined at trial. In addition, the teacher and social worker testified; in their testimonies, they recounted statements that had been made by the child.
Citing Ohio v. Roberts, the defendant argued that "the United States Supreme Court made 'unavailability' a prerequisite for the admission of all types of hearsay statements[.]” Gallagher, 150 Vt. at 344, 554 A.2d at 223. The Vermont Supreme Court rejected the defendant's argument, ruling as follows:
The unavailability of the declarant is not always required for exceptions to the hearsay rule. This particular exception is narrowly drafted for use only with out-of-court statements, found to be trustworthy, of putative child victims of sexual crimes. In addition, the statutory requirement that the child declarant be available for cross-examination ensures that the defendant's rights under the Confrontation Clause are fully protected. Therefore the re-. quirement of [the statute], that the child victim be "available” to testify, does not violate the Confrontation Clause of the Sixth Amendment to the United States Constitution.
Id. at 347, 554 A.2d at 225 (citations omitted; emphasis added).
. In Carver, two allegedly abused children testified at trial. In addition, a doctor who had examined the children and the mother of one of the children testified; in their testimonies they reported statements that had previously been made by the children.
Although not expressly addressing any constitutional issues, the Minnesota Court of Appeals noted that according to a statute concerning hearsay statements of children who have allegedly been abused, “[w]hen a child is available as a witness, the trial court may admit his or her hearsay statements if it finds that the time, content, and circumstances of the statement and the reliability of the person to whom the statement is made provide 'sufficient indicia of reliability.’ '' Carver, 380 N.W.2d at 825. The court further stated that "the trial court properly admitted the statements made by [the] children because their trial testimony was largely consistent with their earlier statements and [the defendant] had an opportunity to cross-examine them.” Id. (emphasis added).
.In Cogbum, the Arizona Supreme Court stated:
The United States Supreme Court has held that the confrontation clause is not violated by admitting a declarant’s out-of-court statements, as long as the declarant is testifying as a witness and subject to full and effective cross-examination....
Here, the victim testified at the trial and was subject to unbridled cross-examination. Therefore, the hearsay evidence admitted *146against [the defendant] concerning the victim’s statements under [the rule] did not violate the confrontation clause[.]
292 Ark. at 571, 732 S.W.2d at 810-11 (citing California v. Green, supra). However, because the appellant had not properly raised the issue, the court expressly refused to address any argument based on Ohio v. Roberts, supra, that a declarant must be unavailable before the declar-ant’s statement can be admitted into evidence.
Then, in Johnson v. State, 292 Ark. 632, 732 S.W.2d 817 (1987), a case decided the same day as Cogbum, supra, the court addressed an argument based on Roberts, supra. In that opinion, the court expressly disavowed an interpretation of the confrontation clause whereby "in any case where the witness is present for the trial his prior out-of-court statements may be substituted for live testimony as long as there are indicia of reliability of the prior statement.” Johnson, 292 Ark. at 642-43, 732 S.W.2d at 822. The court instead held that in most cases unavailability must be demonstrated, but that "where the testimony in court can be expected to be substantially different from that given out of court [as in the case of children who have been sexually abused], ... the reason for the unavailability requirement disappears. The question then becomes solely whether there are sufficient indicia of reliability to make an exception to the hearsay rule.” Id. at 643-44, 732 S.W.2d at 823.
. In Newberry, although expressly declining to address any constitutional issues (because the appellant had not properly raised them), the court noted that "[u]nlike certain problems envisioned in Ohio v. Roberts, [the statute] protects the defendant’s constitutional right of confrontation by affording defendant the dual protection of requiring both the availability of the witness and a sufficient indicia of reliability.” 184 Ga.App. at 357, 361 S.E.2d at 501.
. On the other hand, if a witness's out-of-court statements are not introduced until after the witness has testified, the defendant’s ability to adequately cross-examine the witness regarding the *149matters asserted in those statements may be hampered.
In Felix, supra, the court addressed such a situation. In that case, a child witness testified at trial. "After she finished testifying, however, the State introduced hearsay testimony from others recounting accusatory statements that [the child] had made to them but to which [the child] had not testified at trial.” 109 Nev. at 164, 849 P.2d at 229. The court addressed the problematic aspects of this procedure as follows:
The defense was unable to cross-examine [the child] on several statements that others claimed she had made. California v. Green, 399 U.S. 149, 90 S.Ct. 1930, 26 L.Ed.2d 489 (1970), requires that cross-examination be "full and effective.” Id. at 158, 90 S.Ct. at 1935. As a practical matter, if a child is excused before her hearsay statements are proffered, the defense has no opportunity to cross-examine the child on those statements....
.... In order to avoid interfering with the defense’s opportunity to cross-examine effectively, we construe [the statute] to require that either the State or the court recall a child witness upon the request of the defense, if hearsay statements not firmly rooted in a hearsay exception are introduced subsequent to the child’s testimony, and the child-victim did not cover the statements in his or her testimony.
Id. at 191-93, 849 P.2d at 247-48.
. The Supreme Court in Green was aware of this potential problem and, accordingly, refused to hold that certain hearsay statements were admissible because of the unresolved issue ”[w]hether [the witness]’s apparent lapse of memory so affected [the defendant’s right to cross-examine as to make a critical difference in the application of the Confrontation Clause[.]” 399 U.S. at 168, 90 S.Ct. at 1940.
Of course, if a witness is unable or unwilling to testify regarding the events that are the subject of the out-of-court statements, the witness is for all practical purposes "unavailable.” In that situation, the out-of-court statements may still be admissible under the Roberts test, but only if the statements possess adequate indicia of reliability to satisfy the second prong of the Roberts test.
. HRE Rule 403 (1985) provides:
Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time. Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
. A number of courts in other jurisdictions have established procedures ■ to protect defendants’ rights in this regard. See, e.g., Felix, supra {see supra note 6); Holland v. State, 802 S.W.2d 696, 699-700 (Tex.Crim.App.1991) (holding that if the prosecution proffers an out-of-court statement of a child witness pursuant to statute, and the accused objects on the basis of confrontation and/or due process of law, the prosecution must either "announce its intention to call the child declarant to the stand to allow confrontation without the accused having to call the child to the stand himself” or establish both that the witness is unavailable and that the out-of-court statement is reliable); Sosebee v. State, 257 Ga. 298, 299, 357 S.E.2d 562, 563 (1987) (holding that if the prosecution proffers an out-of-court statement of a child witness pursuant to statute, before the prosecution rests, "the court shall, at the request of either party, cause the alleged victim to take the stand[ and] shall then inform the jury that it is the court who has called the child as a witness, and that both parties have the opportunity to examine the child”).