California, United States of America
The following excerpt is from People v. Montes, 2d Crim. No. B204559 (Cal. App. 6/30/2009), 2d Crim. No. B204559. (Cal. App. 2009):
The trial court allowed the statement after it heard testimony outside the presence of the jury and concluded that "[t]his witness at this late point in time, is able to recall enough on her own that the victim, the complaining witness in this case, conveyed to her that she had been sexually abused by [appellant]." She did not recall the details of M.'s statement, but under the fresh complaint doctrine only the fact of the complaint is admitted and the details are excluded. (People v. Brown, supra, 8 Cal.4th at p. 756.) "[O]nly the fact that a complaint was made, and the circumstances surrounding its making, ordinarily are admissible; admission of evidence concerning details of the statements themselves, to prove the truth of the matter asserted, would violate the hearsay rule." (Id. at p. 760.) "[I]f the details of the victim's extrajudicial complaint are admitted into evidence, even with a proper limiting instruction, a jury may well find it difficult not to view these details as tending to prove the truth of the underlying charge of sexual assault." (Id. at p. 763.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.