Child sexual offense cases often hinge on evidentiary decisions that determine what the jury hears and how the State proves its allegations. Among the most consequential of these decisions is whether a court may admit a child’s out-of-court statements years later, long after the child has reached adulthood. A recent ruling from a Florida court demonstrates how courts interpret the child hearsay statute and resolve disputes about witness age, reliability, and statutory purpose in high-stakes retrials involving serious sexual offenses. If you are charged with a sex crime, you should consult a Tampa sex crime defense attorney who understands how to protect your rights.
Case Setting
Allegedly, the defendant was charged with multiple sex offenses involving his neighbor’s three daughters, who were between eight and eleven years old when the abuse occurred. The State filed a notice of intent to introduce child hearsay statements for each victim under section 90.803(23) of the Florida Evidence Code.
Reportedly, the trial court conducted the required hearing to determine the reliability of the statements. The court found that the time, content, and circumstances of the statements provided adequate safeguards of reliability and concluded that the out-of-court statements were trustworthy and admissible.
It is alleged that the first trial began but ended in a mistrial due to litigation over discovery issues. The defendant’s retrial commenced within a year. By the time of the retrial, all three victims had reached adulthood. The defendant objected to the admission of the eldest victim’s child’s hearsay statements, arguing that the exception no longer applied because she had become an adult.
It is reported that the State intended to introduce only the eldest victim’s Child Protection Team interview and the testimony of the officer to whom she first disclosed the abuse. Because no Florida precedent directly addressed whether the exception applies when the declarant testifies as an adult, the trial court analyzed the statute’s language and ruled that the only age-related requirement was the child’s age when the statement was made. The retrial proceeded, and the defendant was convicted and sentenced to life in prison. He then appealed.
Child Hearsay Statements in Sex Crime Cases
On appeal, the court evaluated whether the trial court erred in admitting the eldest victim’s child hearsay statements after she had reached adulthood. The court began by examining the statutory text of section 90.803(23). The statute provides that an out-of-court statement made by a child victim with a physical, mental, emotional, or developmental age of 16 or less is admissible if the trial court finds sufficient indicia of reliability and if the child testifies or is unavailable with corroborating evidence. The statute does not state that the declarant must still be a minor at the time of trial.
The court then reviewed prior Florida precedent. Although case law addressing this precise circumstance is limited, the court identified a Florida Supreme Court decision involving a victim who made statements at age 11 but testified at age 13. That decision confirmed that the key factor is the victim’s age at the time the statements were made, not when the witness appears in court. The court also found persuasive authority from the Oregon Supreme Court, which held that the child hearsay exception applies regardless of the declarant’s age at trial, so long as the declarant was a child when the statements were made and testifies at trial subject to cross-examination.
Applying these principles, the court concluded that the trial court correctly admitted the eldest victim’s statements. The declarant was eleven when she made the statements regarding the abuse, and she later testified at retrial. The court emphasized that the statute’s purpose is to ensure that the child’s original statements are admitted when made under circumstances providing adequate reliability, not to exclude statements merely because the trial occurs years later.
Because the trial court properly applied section 90.803(23) and because the defendant’s remaining arguments lacked merit, the appellate court affirmed the convictions and sentences.
Talk to a Capable Tampa Sex Crime Defense Attorney
Sexual offense cases often involve complex evidentiary rules that can determine whether crucial testimony reaches the jury. If you are charged with a sex crime, it is smart to talk to an attorney about what evidence may be used against you. The capable Tampa sex crime defense attorneys at Hanlon Law can help you build a defense strategy tailored to your circumstances. Contact our Tampa office today at 813-228-7095 or complete our online form to schedule a confidential consultation.