Monday, March 12, 2012

First DCA Finds Exception to Hearsay Rule in Sexual Violence Proceedings

Despite the general law regarding hearsay testimony from a minor, the First District Court affirmed today in Berthiame v. B.S., finding that, implicit in the statutory provision of Florida Statute §784.046 (2011) permitting a parent to proceed on behalf of a child is a finding that the parent’s allegations are sufficient, especially after hearing where witnesses may be called and cross-examined, even where the child does not appear for the hearing.

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