Can a child's statement describing sexual abuse be used as evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Bracken, C069541 (Cal. App. 2014):

Evidence Code section 1360 creates a limited exception to the hearsay rule in criminal prosecutions for a child's statement describing acts of child abuse or neglect, including statements describing sexual abuse. We review the court's admission of evidence under section 1360 for an abuse of discretion. (People v. Roberto V. (2001) 93 Cal.App.4th 1350, 1367.)

Other Questions


In a sexual abuse case, is there any evidence that a doctor who treated a child for sexual abuse was involved in the treatment of about 100 victims? (California, United States of America)
What is the test for abuse of abuse of the abuse of evidence in a criminal case where a defendant admitted to a prior burglary? (California, United States of America)
Can a child's statement describing sexual abuse be used as evidence at trial? (California, United States of America)
What is the range of damages available to a victim of sexual abuse who has been sexually abused as a child as a result of the abuse? (California, United States of America)
Is child sexual abuse accommodation syndrome properly admitted in sexual abuse cases? (California, United States of America)
What are the factors relevant to whether hearsay statements by a child witness in a child sexual abuse case are reliable and bear indicia of reliability? (California, United States of America)
What is the test for admitting evidence of a defendant's prior sexual abuse as propensity evidence in a sex crime case? (California, United States of America)
What is the effect of admitting evidence of sexual abuse committed by defendant in a sexual assault case? (California, United States of America)
Can a hearsay statement of a child under the age of 12 be used as evidence in a sexual assault case? (California, United States of America)
Is there any case law where a defense sought to elicit evidence from the mother of a minor female who alleges she was sexually abused as a child? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.