Chapter 3 - §4. Exception—Statement of child-abuse victim

• Jurisdiction: United States

§4. Exception—Statement of child-abuse victim

Statements made by certain child-abuse victims for medical diagnosis or treatment are admissible as an exception to the hearsay rule. Evid. C. §1253.

§4.1. Overview. A child-declarant's statement about abuse or neglect by another person may be admitted, even though it is hearsay, if it meets certain criteria. The rationale for this exception is that the child's youthfulness offers a sufficient safeguard against fabrication.

Federal ComparisonEvid. C. §1253 was modeled after FRE 803(4), although the scope of the California rule is much narrower because it applies only to statements by young children and only in cases of child abuse or neglect. See 1 Witkin, California Evidence (5th ed.), Hearsay §198.

§4.2. Requirements for exception. For a child's hearsay statement about abuse or neglect to be admissible as a hearsay exception, the following criteria must be met:

1. Declarant is under 12 at time of statement. The declarant must be under the age of 12 when she made the statement. Evid. C. §1253.

2. Declarant is a minor at time...