Friday, April 3, 2015

What hearsay exceptions are most relevant in child sexual abuse cases?

All the exceptions to the hearsay rule would apply
regardless of the nature of the case. There are few cases in which special circumstances
dictate a special exception to the rule, primarily instances such as "dying
declarations."


Child abuse cases are troublesome as the
child often does not understand what is going on and may parrot remarks by an adult in
order to please the adult and/or avoid perceived punishment. Although one would prefer
that a child not testify to abuse, it would be difficult to obtain a conviction without
the child's testimony. Although not a true "exception" to the rule, the Hearsay rule
does not apply unless the uttered statement is made in order to prove the truth of the
matter asserted. If offered merely to prove that the person made the statement, it is
not hearsay and not covered by the rule.


Two notable
exceptions that should apply here are the Res Gestae or "excited
utterance" rule. If one makes a statement during the heat of the moment, immediately
after a serious or traumatic event, an exception applies. The reasoning is that one has
not had a proper opportunity to amend, correct, or "perfect" his story and it is
therefore probably true. A second exception is the "admission against interest" rule;
that is a "confession." Thus if one admitted to an improper or unlawful act to a second
person, the second person could testify as to the truth of the statement as an exception
to the rule.

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