CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Fresh Complaint
.........Time or Delay in Reporting
7 Cards On This Topic:

Parameters of fresh complaint doctrine in sexual assault cases revised to reflect more accurate understanding of proper basis for admission of such evidence; "freshness" and "volunteered" nature not essential prerequisites to admissibility.

Waiting until morning after to tell friend of assault understandable in circs; short delay in making complaint affects weight of testimony, not admissibility.

Statement of child sexual molestation victim made within reasonable time admitted to show fact of complaint.

7 month delay in reporting sexual incident still fell within "fresh" complaint doctrine, where child just learned significance of act; trial court has no duty, absent request, to give limiting instruction.

Tape of V's call to police 3 weeks after crime which did not recount details of crime admissible as fresh complaint.

Out-of-court statements made one or 2 months after incidents of sexual abuse inadmissible as fresh complaints at dependency hearing.

Delay of one week in reporting sex crime does not destroy minor's credibility.