• In a child sexual abuse case, the prosecution called a doctor to the stand to testify to statements made by a six-year-old child victim regarding the abuse. She told the doctor during the medical examination after an extended period of abuse that she was slapped, hit and spanked by the defendant who was her mother's boyfriend. She reported that he also touched her in her private areas with his fingers. At trial, the prosecution put the doctor on the stand to testify, among other things, to those statements of the child. The defense objected on the basis of hearsay. Will the court likely exclude the child's statements to the doctor?
  • Yes, the statements are too inflammatory in comparison to their probative value and they will be excluded.
  • Yes, the statements are hearsay and are inadmissible for the purposes of proving the abuse.
  • No, the statements are admissible as exceptions to the hearsay rule in that they are given for the purpose of medical diagnosis or treatment.
  • Yes, the statements would violate the Defendant's right of confrontation granted him under the Sixth Amendment.