Child’s Statement About Sexual Act
Rule 803: Hearsay Exception: Child’s Statement About Sexual Act
A statement made describing an incident that included a sexual act performed with or the declarant by the defendant or an accomplice is admissible to the extent that it corroborates testimony given by the declarant in the same proceeding, provided:
1) The declarant was under the age of ten when the statement was made
2) The statement was shown to be spontaneous and without indication of manufacture
3) Either the declarant made the statement immediately after the incident or any delay is excusable as having been caused by fear or other equally effective circumstance; and
4) The statement is introduced through the testimony of someone other than the declarant.
If the declarant made more than one corroborative statement about the incident, only the first is admissible under this rule.
A statement may not be admitted under this rule unless the proponent of the statement makes known to the adverse party the intent to offer the statement, and the particulars of the statement, sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet the statement.
This rule applies in criminal and delinquency proceedings as well as family court.