CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Fresh Complaint
.........Admissible; Not Hearsay
8 Cards On This Topic:

Words of complaint of sexual abuse by minor not hearsay.

"Fresh complaint" not exception to the hearsay rule because evidence offered to establish complaint made, not for truth of matter stated.

Statements admitted as fresh complaint are not hearsay when offered for limited purpose that complaint made; spontaneous declaration exception distinguished.

Statements qualify as spontaneous fresh complaint where V does not respond, then blurts out truth; statement not product of lengthy, probing questioning, intimidation or agitation.

Evidence of complaint made properly admitted to counter assumption that assault did not occur because no complaint made.

Evidence of minor's complaints re sexual molestation admissible to counter defense of fabrication.

Evidence of uncharged sex acts properly admitted to rehabilitate witness.

Fresh complaint doctrine applies in civil, as well as criminal, cases.