Church v. Commonwealth

In Church v. Commonwealth, 230 Va. 208, 211-15, 335 S.E.2d 823, 825-27 (1985), the Supreme Court of Virginia addressed the statement of a young victim who told her mother that sex was "'dirty, nasty and it hurt.'" The Court ruled that the child's statement was not hearsay. See 230 Va. at 211-12, 335 S.E.2d at 825-26. The Commonwealth did not offer the child's statement to prove that sex is "dirty, nasty and it hurt." Rather, it was offered to show the child's attitude toward sex, an attitude likely to have been created by a traumatic experience. Although the child made no prompt report of the crime, the Commonwealth was entitled to prove, by circumstantial evidence, that she had been a victim. Thus, the child's out-of-court statement was not hearsay, but was admissible as circumstantial evidence tending to establish the probability of a fact in issue. Id. at 212, 335 S.E.2d at 825-26. The Supreme Court of Virginia determined the statement of a child/victim describing "sex" to her mother as "dirty, nasty and it hurt," was not hearsay, reasoning "the Commonwealth did not offer the child's statement to prove" the truth of her characterization of sex but, "rather, . . . to show the child's attitude toward sex, an attitude likely to have been created by a traumatic experience. . . . Thus, the . . . statement was . . . admissible as circumstantial evidence tending to establish the probability of a fact in issue." Id. at 212, 335 S.E.2d at 825-26.