Is medical corroboration required for a finding of sexual abuse?

California, United States of America


The following excerpt is from Alameda Cnty. Soc. Servs. Agency v. D.E. (In re D.E.), A151883 (Cal. App. 2018):

15. Hearsay that is not objected to may constitute substantial evidence. (See People v. Panah (2005) 35 Cal.4th 395, 476 [" ' "[i]t is settled law that incompetent testimony, such as hearsay or conclusion, if received without objection takes on the attributes of competent proof when considered upon the question of sufficiency of the evidence to support a finding" ' "]; see Cal. Law Revision Com. com, 29B Pt.1A West's Ann. Evid. Code (2011 ed.) foll. 140, p. 27 ["when inadmissible hearsay or opinion testimony is admitted without objection, this definition makes it clear that it constitutes evidence that may be considered by the trier of fact"].)

16. Father cites no authority indicating that medical corroboration is a necessary prerequisite for a finding of sexual abuse.

Other Questions


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 penetration for sexual abuse for the purpose of sexual abuse required intent? (California, United States of America)
What constitutes sexual abuse, sexual assault and sexual exploitation under section 11165.1 of the California Penal Code? (California, United States of America)
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)
Can continuous sexual abuse and specific sexual abuse in the same proceeding? (California, United States of America)
Is child sexual abuse accommodation syndrome properly admitted in sexual abuse cases? (California, United States of America)
What is the test for "touching breasts for the purpose of sexual arousal, sexual gratification or sexual abuse"? (California, United States of America)
Does Section 288.7, subdivision (b) of the California Penal Code require that a defendant committed an act of sexual penetration of the victim's anal opening for the purpose of sexual arousal, gratification, or abuse? (California, United States of America)
Can uncharged sexual misconduct be used to corroborate a victim's allegation of sexual abuse under section 803(g)? (California, United States of America)
How has the prosecution and defense counsel treated the evidence in the trial of a defendant who was diagnosed as having a history of sexual abuse as a result of his own sexual abuse? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.