Supreme Court of Louisiana
State of Louisiana in the Interest of M.q.
January 29, 19991999 La. LEXIS 205
Summary
The court held that the victim's immediate complaint to her aunt and later statements during medical examination were admissible as substantive evidence of penetration. Considering those statements, the circumstances of the disclosure, and the expert testimony that penetration may leave no physical signs, the court found the evidence sufficient to support the aggravated-rape adjudication. It reversed the court of appeal, reinstated the juvenile court's disposition order, and remanded for execution.
Holding
- Admissibility of the victim's statements. The victim's immediate complaint to her aunt was admissible for its truth as an initial complaint of sexual abuse consistent with her testimony, and her later statement to the examining physician was admissible for its substantive content as a statement made for medical diagnosis and treatment.
- Sufficiency of evidence of sexual penetration. The evidence was sufficient for a rational trier of fact to find beyond a reasonable doubt that the defendant penetrated the victim, however slightly, even though the case lacked objective medical evidence and the victim could not accurately describe penetration during her testimony.
Docket No. 98-CK-1017