What is the test for determining whether a witness is sufficiently reliable in giving evidence in a sexual assault case?
California, United States of America
The following excerpt is from People v. Duarte, 60 Cal.App.4th 1027, 70 Cal.Rptr.2d 733 (Cal. App. 1998):
"A trial court determining whether the proffered evidence is sufficiently reliable ' "may take into account not just the words but the circumstances under which they were uttered, the possible motivation of the declarant, and the declarant's relationship to the defendant." ' [Citation.]" (People v. Lucas (1995) 12 Cal.4th 415, 462, 48 Cal.Rptr.2d 525, 907 P.2d 373.)
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