WHAT IS HEARSAY?

Hearsay evidence, in a legal forum, is testimony from a witness under oath who is reciting an out-of-court statement, content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmissible unless an exception to the Hearsay Rule applies.

WHAT IS A HEARSAY EXCEPTION?

The Fresh Complaint Rule Law - A rule of evidence applicable in sexual assault cases. According to the rule, the testimony of a witness to whom a victim made a “fresh complaint” is admissible to corroborate the victim’s testimony.

The doctrine was first articulated in the case in re Cheryl H. 153 Cal. App. 3d 1098. 1128 - 1129 (Cal. App. 2d Dist. 1984) where in the court held that even though no statutory authority exists for admission of “fresh complaints” by victims of sexual assault, the California courts have long allowed them into evidence.