Ex parte B.B.S
In Ex parte B.B.S., 647 So. 2d 709 (Ala. 1994) the Court addressed the admissibility of the State's hearsay evidence under the Child Physical and Sexual Abuse Victim Protection Act, codified at Ala. Code 1975, 15-25-30 through -40.
The child alleged to have been the victim of sexual abuse testified at trial and denied that the defendant had subjected her to any sexual contact; therefore, the State proved its case-in-chief with witnesses' testimony concerning the child's out-of-court statements indicating that the defendant had subjected her to sexual contact.
The Court construed subsection (2)b. of 15-25 -32, which requires that, to be admissible, "the child's out-of-court statement [be] shown to the reasonable satisfaction of the court to possess particularized guarantees of trustworthiness." This Court held that "the 'trustworthiness' requirement applies to hearsay statements [of the child] whether the child testifies or not." Id. at 715.