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  1. #6
    Join Date
    Jul 2018
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    Default Re: Will Conffession Alone of Child Sexual Intercourse with an 8 Year Old

    Quote Quoting Robert H.
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    What happens if someone coffesses that they had sexual intercourse with an eight year old at dinner?
    In the abstract, any one or more of thousands of things might happen.


    Quote Quoting Robert H.
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    Cant that confession alone be prosecuted in court?
    Confessions don't get prosecuted. People get prosecuted. Whether the police will investigate or the prosecutor might prosecute would depend on the relevant facts and circumstances, none of which appear in your post.


    Quote Quoting Robert H.
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    Does there need to be evidence or a witness?
    The confession is evidence, and the victim is a witness.

    Quote Quoting llworking
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    Quote Quoting B.Frank
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    That statement is hearsay.
    The person confessing is not hearsay. The person he confessed to is not committing hearsay either if they tell it to the police. It does not become hearsay until its repeated in court by someone who did not originally hear it from the person confessing and/or the person repeating it is not available to be cross examined.
    It is hearsay. Cal. Evid. Code section 1200. However, it is not excluded from evidence because of the party admission exception. Evid. Code section 1220, and the unavailability of the declarant is not an issue. Of course, it is correct that the issue of hearsay won't come up until and unless charges actually get filed.

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