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Based on testimony of the child's psychiatrist, the trial judge determined that the statements were reliable and they were admitted, through the testimony of Carlos Roman and Joe Johnson, under K.S.A. 60-460(dd) to determine whether the child's out-of-court statements made to Joe Johnson and Carlos Roman were reliable.

During the trial, the court conducted a hearing pursuant to K.S.A. Both parties had stipulated prior to trial that the child was disqualified to testify. The defendant, having waived a jury trial, received his bench trial in June 1983. The mother testified that she sometimes shared a towel with her daughter. There was also evidence that gonorrhea may be transmitted through dirty bath towels. When the examining doctor determined that the child's hymen was intact, the complaint was amended to allege 'lewd fondling or touching.' Evidence revealed that gonorrhea is readily transmissible through sexual contact short of intercourse. The original complaint alleged that the child had been raped. The complaint alleged that the act took place in Geary County on or about September 5, 1982. In November of 1982, the defendant was charged with one count of indecent liberties with a child. The child also told Officer Roman that she was afraid to tell what happened in front of her mother and asked him not to say anything to her. By pointing to September 5 on the calendar, she indicated to Officer Roman that this 'touching' had occurred on that date. When questioned, she told both an SRS caseworker, Joe Johnson, and a police investigator, Carlos Roman, that the defendant had hurt her in her vaginal area. The child was diagnosed in the first week of October as having gonorrhea. In mid-September 1982, the defendant and the mother both *19 contracted gonorrhea. The victim, a six-year-old girl, was the oldest child. The mother left her three children alone with the defendant at various times. Although he did not live with the child's mother, he did have sexual relations with her and occasionally spent the night at her home. The defendant had been dating the child victim's mother since January of 1981. We accepted review in order to examine the constitutionality of K.S.A. The Court of Appeals affirmed the conviction in an unpublished opinion filed September 13, 1984. Myatt (defendant-appellant) appeals from his conviction of indecent liberties with a child. The opinion of the court was delivered by Stephan, attorney general, was with him on the brief for the appellee. Graham, assistant county attorney, argued the cause, and Robert T. Biggs, of Junction City, was on the brief for the appellant. DeZago, public defender, argued the cause, and Christopher E.

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