State v. Ackerman
In State v. Ackerman, 90 Wn. App. 477, 953 P.2d 816 (1998), the defendant was convicted of second degree child molestation of his stepdaughter.
The trial court determined the child victim was unavailable to testify and allowed the State to introduce the testimony of the child's treatment counselor regarding statements made to her by the victim. These statements were admitted under the medical treatment exception. The defendant appealed.
On appeal, the Washington Court of Appeals concluded that "statements made to counselors in child abuse or rape situations are encompassed by this exception" and "statements attributing fault to a member of the victim's immediate household may be reasonably pertinent to treatment and are thus admissible because it is 'relevant to the prevention of recurrence of injury.'" Id., 90 Wn. App. at 482, 953 P.2d at 819.