Exception to Hearsay - Child's Statement of Sexual Abuse
"Hearsay" is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted. See TEX. R. EVID. 801(d).
Thus, a statement is not hearsay if it is offered for a purpose other than to prove the truth of the matter asserted. See McCraw v. Maris, 828 S.W.2d 756, 757 (Tex. 1992).
Therefore, if the significance of an offered statement lies solely in the fact that it was made, no issue is raised as to the truth of anything asserted, and the statement is not hearsay. See FED. R. EVID. 801(c) advisory committee notes.
Such statements are not admissible unless the State complies with the notice provisions of the statute. See TEX. CODE CRIM. PROC. ANN. art. 38.072(b) (Vernon Supp. 2000).
However, a child's hearsay outcry of sexual abuse may be admitted into evidence under the provisions of article 38.072 of the code of criminal procedure. See TEX. CODE CRIM. PROC. ANN. art. 38.072 (Vernon Supp. 2000).