When it comes to legal matters involving children, the rules can be complicated. One significant
aspect of Florida law is the Child Hearsay Exception, which allows for certain statements made
by children to be admissible in court, even if those statements would typically be considered
inadmissible at trial. Generally, when something is “hearsay” evidence it is not admissible
against you in court. Under Florida law, hearsay is generally defined as a statement, that was
made outside of the current court proceeding, that is offered to prove the truth of the matter
asserted. Florida has enacted a specific hearsay exception for statements made by children under
the age of 16. This exception will generally apply in cases involving sex abuse, neglect, and
physical violence against the child.
For a statement of a child under 16-years-old to be admissible, it must meet certain criteria:
1. Spontaneity and Trustworthiness: The statement must have been made spontaneously
and must be deemed reliable. Factors such as the child’s age, the nature of the statement,
and the circumstances surrounding the statement will be considered.
2. Corroborating Evidence: The statement may need corroboration. If the child’s
testimony can be supported by other evidence, it is more likely to be accepted in court.
3. Context: The context in which the statement was made is crucial. Statements made to
caregivers, police officers, or during medical examinations may carry more weight than
casual comments made in other contexts.
Child hearsay is typically used by the State in cases of:
Sex Crimes: Allegations involving sexual abuse or exploitation often rely heavily on
child statements.
Child Abuse or Neglect: Statements about abusive situations can be crucial for
investigations and prosecutions.
Domestic Violence: Children may be witnesses to violence, and their statements may be
used by the State to establish “patterns of behavior.”
If you are accused of crimes involving child hearsay, it is vital that your lawyer understand how
these exceptions will be applied at trial. The admissibility of a child’s statement can significantly
impact your case. If such statements are introduced as evidence, they can influence the jury’s
perception of you and potentially sway the outcome. If you are accused, it is important to
challenge the reliability and context of any hearsay evidence. An experienced attorney can
scrutinize the circumstances under which the child made their statement, looking for
inconsistencies or motivations and challenge its admissibility at trial.
At our law firm, we understand the sensitive and often emotionally charged nature of cases
involving child hearsay. Our experienced legal team has a deep understanding of sex crime
allegations and the intricacies of the law surrounding child statements. We advocate vigorously
for our clients, ensuring that every aspect of their case is examined thoroughly. If you are facing
allegations involving a sex crime or any case where child hearsay might play a role, contact us
today. Each case is unique, and having a vigorous advocate who has expertise in this area is
critical to a successful defense. We are here to protect your rights and provide the expert
guidance you need during this challenging time.