Is a prompt outcry admissible to corroborate allegations of sexual assault?
"New York", United States of America
The following excerpt is from In re D.R., 2016 NY Slip Op 26371 (N.Y. Fam. Ct. 2016):
Evidence that a victim of a sexual assault promptly complained about the incident is admissible to corroborate the allegation that a sexual assault took place. People v. McDaniel, 81 NY2d 10, 16 (1993). In order for such evidence to be admissible, the complaint of a sexual assault must have been made promptly after the crime "at the first suitable opportunity." Id. A prompt outcry is only admissible if the complainant will testify at trial. Id.
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