“Prompt Outcry” Exception to Hearsay Rule Applied to Complaint Made After Several Days
The Third Department determined the “prompt outcry” exception to the hearsay rule applied to a very young victim who complained about the incident after several days:
Under the prompt outcry rule, “evidence that a victim of sexual assault promptly complained about the incident is admissible to corroborate the allegation that an assault took place” … . “‘[P]romptness is a relative concept dependent on the facts — what might qualify as prompt in one case might not in another'” …. Here, the sexual contact occurred over a weekend during which the victim was in the care of defendant’s mother. The victim returned to his mother’s care on a Sunday and disclosed the events to her on the following Friday. Considering the victim’s young age and the familial relationship between the victim and defendant, we agree with County Court’s determination that the hearsay statements fell within the prompt outcry rule …, and the court provided an appropriate instruction limiting the use of the testimony … . People v Lapi, 104623, 3rd Dept 4-4-13
