Can a child's statement describing sexual abuse be used as evidence at trial?

California, United States of America


The following excerpt is from People v. Line, F068487 (Cal. App. 2017):

Under Evidence Code section 1360, a child's hearsay statement describing an act of sexual abuse perpetrated upon that child is admissible provided three conditions are met: (1) the court finds, after holding an evidentiary hearing, that the time, content, and circumstances of the statement provide sufficient indicia of reliability; (2) the child either testifies at the hearing or there is corroborating evidence of the hearsay statement; and (3) the proponent of the statement gives notice to the adverse party of its intention to use the statement at trial.15 (See People v. Brodit (1998) 61 Cal.App.4th 1312, 1329.) Line

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