What is the test for admitting evidence of a "spontaneous declaration" made by a minor as evidence of an alleged sexual assault?

California, United States of America


The following excerpt is from Damon H., In re, 165 Cal.App.3d 471, 211 Cal.Rptr. 623 (Cal. App. 1985):

Evidence Code section 1240, 2 upon which the court relied in overruling the minor's hearsay objection, provides as follows: "Evidence of a statement is not made inadmissible by the hearsay rule if the statement: [p] (a) Purports to narrate, describe, or explain an act, condition, or event perceived by the declarant; and [p] (b) Was made spontaneously while the declarant was under the stress of excitement caused by such perception." 3 This section permits admission of a spontaneous declaration notwithstanding the fact the declarant is too young to testify. (People v. Orduno (1978) 80 Cal.App.3d 738, 745, 145 Cal.Rptr. 806.)

Other Questions


Are there two types of evidence in a sexual assault case where the alleged victim disclosed details about the alleged assault? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
What is the state of the law in relation to allegations of sexual harassment in the context of an alleged sexual assault on a minor? (California, United States of America)
In a sexual assault case involving a minor, what is the difference between a new allegation of sexual abuse and the original allegation? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
What is the test for admitting evidence of sexual assault in a sexual assault case? (California, United States of America)
What is the test for admitting or not admitting evidence in a sexual assault case? (California, United States of America)
When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.