2d 407 (1994) (characterizing “complaint” of a crime as nonhearsay conduct) State v. California and Vermont chose to admit complaints for limited nonhearsay purposes, in accordance with their respective rules of evidence. Massachusetts limited testimony “to that of one witness-the first person told of the assault” so as to “accomplish the primary goal of the doctrine” while avoiding excessive prejudice. Tennessee then abolished the doctrine as applied to children-like the child victim in this case-because “unlike the presumptions regarding adult victims, juries do not necessarily presume that children fabricate, nor do they presume that a child will complain immediately.” State v. Similarly, New Jersey's Supreme Court has recognized that the doctrine is based on a “pseudo-Freudian analysis of the ways a ‘normal’ woman would react to sex and to rape.” Hill, 121 N.J. Almost 20 years ago, the Tennessee Supreme Court recognized that the doctrine had its “genesis in the profoundly sexist expectation that female victims of sexual crimes should respond in a prescribed manner or risk losing credibility.” State v. But, in a dissent, Justice McCloud observed thatĭifferent states have acknowledged some of these problems and taken different approaches to addressing them. 2020), where the majority upheld the exception. The most recent example can be found in the November 19th opinion of the Supreme Court of Washington in State v. Thus, formerly, to overcome the inference, it became essential to the state's case-in-chief to prove affirmatively that she made timely hue and cry.Īnd yet, the exception has never been abrogated. This doctrine rests on the ground that a female naturally complains promptly of offensive sex liberties upon her person and that, on trial, an offended female complainant's omission of any showing as to when she first complained raises the inference that, since there is no showing that she complained timely, it is more likely that she did not complain at all the therefore that it is more likely that the liberties upon her person, if any, were not offensive and that consequently her present charge is fabricated. This exception stems from the feudal doctrine of hue and cry. 1949), when it held thatĪn exception to these exclusionary rules is that in criminal trial for sex offenses the credibility of the complaining witness, irrespective of whether it is assailed or unassailed, may be supported by evidence of her timely prior out-of-court complaint. The Supreme Court of Washington called this exception into question at least as early as 1949 in State v. Judge: We shall discuss the evidence and decide.Washington continues to apply a "hue and cry" or "fact of the complaint" exception to the rule against hearsay for "evidence in a sex offense case that the victim made a timely complaint after the assault." State v. How do you plead?Īlwin & Edgar: She’s guilty! - She’s guilty! You are accused of stealing grain from Alwin and Edgar Erikson. God shows us they are innocent, and now we are gathered for the trial of Ethel. Alwin and Edgar’s hands are healing cleanly. Do you still proclaim your innocence?Įdgar: Yes. If your wounds heal cleanly within three days, God will have shown us that you are innocent. As set out by the laws of King Alfred, we will have to let God decide. Villagers: Guilty! - Innocent! - Guilty! - Innocent! Thanks to their group of ten men, their tithing, who are responsible for bringing them before us?Īlwin: We were just taking back what was already ours.Įdgar: She stole our grain to make that bread.Įthel: Nonsense. Judge: We are gathered here for the trial of Alwin and Edgar Erikson, for stealing bread that wasn’t theirs. Villagers: Grab them! Grab them, grab them! Ethel: My bread! Thieves! Help! Someone help, they’re stealing my bread!
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