A sexual assault victim's answers to a questionnaire administered by the doctor when he examined her were admissible under the medical diagnosis exception to the hearsay rule.
The victim's ordeal was especially heinous. She was kidnapped at gunpoint and taken to her assailant's home, where he and his wife beat, raped, and sexually assaulted her overnight. She was locked in a closet, nude and tied with duct tape, cord and ace wraps. She escaped the next day by starting a fire in the closet and, while still inside the house, telephoned 911 for help.
She was taken to the hospital and examined approximately three hours after her rescue. The physician questioned her, using a "Sexual Assault Examination and Forensic Report Form." Her answers were admitted as testimony at trial. On appeal, the defense challenged the admissibility of the responses, arguing that the form was a hospital business record and the victim's statements were hearsay because she was not a part of the hospital's staff.
The Appeals Court rejected the distinction, noting that many of the victim's recorded statements were used for the purposes of medical diagnosis or treatment. While some of her statements were not used for this purpose, the defense failed to distinguish between the two. The Court declined to assume the obligation of sorting through the statements on the defendant's behalf.