CHILDREN AND THE LAW
...Evidentiary Issues
......Hearsay Rule Exceptions
.........Fresh Complaint
............Victim Did Not Testify
5 Cards On This Topic:

Hearsay provisions of PC 872 (b) do not require child molest victim be qualified to testify at prelim. hearing in order for M’s hearsay declarations to be admissible.

Evidence of recent complaint admitted without testimony of victim where too young to be competent witness.

Lapse of time between event and declaration describing it and fact that declaration elicited by questioning do not deprive statement of spontaneity.

Statement made 18 hours after attack held spontaneous; crucial element is mental state of speaker at moment statements made.

Statements admitted as fresh complaint are not hearsay when offered for limited purpose that complaint made; spontaneous declaration exception distinguished.