What are the factors relevant to whether hearsay statements by a child witness in a child sexual abuse case are reliable and bear indicia of reliability?

California, United States of America


The following excerpt is from People v. Bergara, B260564 (Cal. App. 2016):

Evidence admitted under section 1360 must "satisfy the 'particularized guarantees of trustworthiness' standard under the confrontation clause. [Citation.]" (People v. Eccleston (2001) 89 Cal.App.4th 436, 445.) Factors relevant to whether hearsay statements by a child witness in a child sexual abuse case are reliable and bear indicia of reliability are "(1) spontaneity and consistent repetition; (2) the mental state of the declarant; (3) use of terminology unexpected from a child of that age; and (4) lack of a motive to fabricate. [Citation.] Section 1360, subdivision (a)(2) effectively incorporates that standard by requiring that the time, content and circumstances of the statement itself provide sufficient indicia of reliability. . . . [] A trial court's findings concerning the indicia of reliability are subject to independent review on appeal. [Citation.]" (Id. at pp. 445-446.)

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