CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Statements Made By Minors
.........Abuse Statements By Minor Victims
10 Cards On This Topic:
  • Statement by minor victim of abuse or neglect.
  • Statements by minors who are victims of child abuse or neglect for medical purposes admissible.
  • Juvenile ct. erred in making jurisdictional finding of sexual abuse based entirely on child's hearsay statements where there was no special indicia of reliability in the record.
  • In case of lewd conduct on child, DA’s burden of proof on PC 803 (g) SOL issue is preponderance of the evidence.
  • Child victim's hearsay statements admitted in a sexual abuse prosecution under EC 1360 inadmissible under rule of Crawford v. Wash. as violative of Confrontation Clause.
  • Neither Confrontation Clause nor hearsay rule barred minor V's statement re molest because statement properly admissible under hearsay exception of Evid. Code §1253.
  • Because notice and unavailability requirements not met, mother's testimony about child abuse victim's out of court statements not properly admitted per Evid. Code §1360 hearsay exception.
  • Evid. Code §1360 re statement by minor V of abuse does not violate D's confrontation rights.
  • Evidence of similar, uncharged sexual misconduct against other child, if credited by trier of fact, may independently corroborate V’s allegation under Pen. Code §803 (g).
  • Uncharged sexual misconduct corroborating child victim's abuse allegations.