When Is Child Hearsay Admissible in a Florida Sex Crimes Prosecution?

Under Florida law, hearsay evidence is inadmissible in most criminal cases. Hearsay refers to any out-of-court statement used to prove the truth of the matter asserted. To give a simple illustration, a witness in a criminal trial can testify as to what the defendant told them. But the witness could not testify as to what the defendant allegedly told a third party. That is considered inadmissible hearsay.

As with any legal rule, of course, there are exceptions. One of the more critical exceptions to Florida’s hearsay rule is for statements made by a child victim of sex abuse. In this context, a “child victim” is someone with the physical, mental, emotional, or developmental age of 16 or younger. Child hearsay is admissible in a criminal prosecution alleging child abuse, neglect, or sexual abuse against the child.

Florida Man Receives 3 Life Sentences for Sexual Abuse of Stepdaughter

A recent case from the Florida Second District Court of Appeal, Oliver v. State, demonstrates how the child hearsay exception works in practice. In this case, prosecutors charged the defendant with the sexual abuse of his stepdaughter, a child under the age of 12. The state sought to introduce testimony from the child’s mother, as well as a sheriff’s deputy and a child protection specialist who interviewed the child on separate occasions. These witnesses planned to testify as to what the child told them about the defendant’s alleged sexual abuse.

The defense objected to any such testimony unless it came directly from the child. But the trial judge allowed the testimony after finding it fell within the child hearsay exception. The witnesses and the child therefore testified at trial. The jury convicted the defendant on two counts of sexual battery and one count of lewd or lascivious molestation against a child under the age of 12. The judge sentenced the defendant to life in prison for each count.

The Second District upheld the conviction. In doing so, it also found the testimony of the child’s mother and the other witnesses were covered by the child hearsay exception. As the appellate court noted, not all child hearsay is admissible under Florida’s exception. The child must testify, as was the case here, and the trial judge need also determine that the “time, content, and circumstances” of any out-of-court statement introduced as evidence provided “sufficient safeguards of reliability.”

There is no single test or factor for determining “reliability.” Rather, the trial court needs to look at a number of things, including the mental and physical age of the child, the child’s maturity level, and the child’s relationship to the defendant. Here, the Second District was satisfied the trial court made an appropriate determination of reliability, so the child’s statements to her mother and the police were admissible at trial.

Contact AsiliA Law Firm Today

The case discussed above illustrates just how serious Florida takes allegations of sex crimes involving minor victims. If you are facing similar charges, it is important that you seek legal representation from an experienced Miami sex crimes defense attorney. Call AsiliA Law Firm today at 786-420-3014 or contact us online to schedule an initial consultation.

Sources:

2dca.flcourts.gov/content/download/2438391/opinion/Opinion_2022-1085.pdf

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0090/Sections/0090.803.html