Does the Attorney General have the authority to raise the hearsay exception?

During her testimony, the victim said defendant tickled her private parts, meaning her vagina. On cross-examination, the victim denied previously reporting to her cousin that defendant touched her chest. Defendant concedes Evidence Code section 1235 might fit the facts, but he claims the People are bound by the fresh complaint doctrine which they asserted before trial and the Attorney General is barred from raising the hearsay exception now.² We disagree. The prosecutor's motion in limine cited People v.

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