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United States v. Tome | 61 F.3d 1446 (1995)
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted in the statement. Although hearsay is generally inadmissible at trial, there are a lot of exceptions. The Tenth Circuit considered whether out-of-court statements made by a child victim of sexual abuse fell under any of those exceptions in United States versus Tome.
Matthew Wayne Tome was convicted of sexually abusing his four-year-old daughter, known in court proceedings only as A. T. At trial, several witnesses, including three pediatricians, repeated out-of-court statements made by A. T. and claiming that Tome sexually abused her. The district court held that the statements were admissible as non-hearsay under Federal Rule of Evidence Eight Oh One Dee One Bee. The court reasoned that the statements were prior consistent statements of A. T. used to rebut the charge that she was lying about the abuse so that she could live with her mother. The Tenth Circuit affirmed, and Tome appealed to the United States Supreme Court. It reversed, holding that Rule Eight Oh One Dee One Bee was inapplicable because A. T. already had a motive to lie when she made the out-of-court statements. The Court remanded the case to the Tenth Circuit to decide whether the statements were admissible under another rule of evidence.
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