A New Jersey ruling explores the “fresh complaint” exception to hearsay. It applies to cases involving a sex crime.

Every criminal lawyer knows about “hearsay.” This is the infamous rule, which excludes “he said, she said” testimonial evidence from a criminal case. Hearsay is “information received from other people that one cannot adequately substantiate.” For example, let’s say a person (person A) hears another individual (person B) make a statement. If person A attempted to testify in a hearing as to what person B said, this would be deemed hearsay, which is generally inadmissible in court.

However, there are limitations to the hearsay rule. Some hearsay statements are admissible because they fit under a certain exclusionary exception. A recent New Jersey case dealt with one hearsay exception, which applies to matters involving sex crimes. Applying what is deemed the “fresh complaint” exception, a Superior Court judge recently decided that the state in a sex crime matter can admit into evidence testimony by two witnesses, who claim that a student from a school in Patterson, New Jersey, said she had sexual relations with a teacher.

In this particular matter, the witnesses were one close friend and a former boyfriend of the alleged victim. Due to the recent evidentiary ruling, both may testify in the case involving a music teacher at John F. Kennedy High School in New Jersey. The suspect faces sexual assault and misconduct charges. The state asserts that the man, at 44, sexually took advantage of a young female student in his residence and in his office in May 2010.

A fresh complaint

The “fresh complaint” exception to hearsay allows testimonial evidence to be admitted for sexual criminal offenses, even when victims remain silent. The evidence via witnesses may be admitted into court if the victim’s statements were provided voluntarily to someone he or she would “ordinarily turn to for support.” In this particular matter, the witnesses were considered close to the alleged victim. Therefore, the information is admissible.

The ex-boyfriend of the student notes that the alleged victim originally told him in July 2010 that the teacher had touched her. Later, the young woman acknowledged she engaged in sex with the defendant, according to the witness. On the other hand, the friend of the young student says that in May 2010, the purported victim first told her she had “a crush” on the suspect and later admitted to having sexual relations with him. Accordingly, the prosecution may admit such evidence in the trial against the defendant.

The importance of evidence

Evidence is crucial in a criminal matter. This is true especially of witness testimony. Here, the admissible evidence under the “fresh complaint rule” could secure the suspect’s guilt. If you have been charged with a sex crime, do not hesitate to retain legal assistance. A legal professional can help challenge any suggestive evidence against you.