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  1. #1
    Join Date
    Jan 2013
    Posts
    4

    Exclamation Will Conffession Alone of Child Sexual Intercourse with an 8 Year Old

    My question involves criminal law for the state of: California

    I am a student studying Administration of Justice, and need an answer...
    What happens if someone coffesses that they had sexual intercourse with an eight year old at dinner? Cant that confession alone be prosecuted in court? Does there need to be evidence or a witness?
    I do not know the day, time, year or any details, but do know he is approaching mid 40's I am guessing.

  2. #2

    Default Re: Will Conffession Alone of Child Sexual Intercourse with an 8 Year Old

    That statement is hearsay. You can report the individual to the police and they may take some sort of action but that evidence alone is not enough to justify an arrest or conviction.

  3. #3
    Join Date
    Oct 2006
    Posts
    15,673

    Default Re: Will Conffession Alone of Child Sexual Intercourse with an 8 Year Old

    Quote Quoting B.Frank
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    That statement is hearsay. You can report the individual to the police and they may take some sort of action but that evidence alone is not enough to justify an arrest or conviction.
    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.

  4. #4
    Join Date
    Jun 2017
    Location
    California
    Posts
    423

    Default Re: Will Conffession Alone of Child Sexual Intercourse with an 8 Year Old

    Look up "corpus delicti." A confession alone, even if given to the cops, is insufficient absent some evidence that a crime was committed and that the defendant is connected to it.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,254

    Default Re: Will Conffession Alone of Child Sexual Intercourse with an 8 Year Old

    It would take some indication that the crime had occurred. If the victim testified, or there were signs that the rape occurred, then yes the admission is going to be damming.

    In this case, in California court, the statement, while hearsay IS ADMISSIBLE. Statements made by one of the parties to the crime can be testified to by another in court.

    What wouldn't be admissible is someone else saying that "Jill said Joe raped a girl" in an action against Joe.

  6. #6
    Join Date
    Jul 2018
    Posts
    1,733

    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
    View Post
    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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