Gohring v. State

In Gohring v. State, 967 S.W.2d 459 (Tex. 1998), the defendant was convicted of aggravated sexual assault of a child and indecency with a child. He appealed, alleging, inter alia, the trial court improperly admitted the hearsay testimony of a drama therapist and a social worker under the medical diagnosis and treatment exception. On appeal, the Court of Appeals of Texas noted that the drama therapist held a master's degree in drama therapy, had post master's training, and was a registered play therapist. Her purpose in talking to the child victim was to provide psychological treatment. The court held that the drama therapist could properly repeat the statements made to her by the child victim because it could reasonably be inferred that the victim understood she was seeing the therapist for the purpose of medical treatment in connection with the abuse and the statements were made for the purpose of medical diagnosis or treatment. The defendant argued the therapist was not a "medical person." In upholding the trial court's ruling, the court stated, "In any event, if the statement is made to another for the purpose of medical treatment, the person to whom the statement is made does not necessarily have to be a 'medical person.'" Id. at 461.