SUMMARY: Physical evidence and a child’s disclosure of sexual abuse are sufficient evidence of sexual abuse, even where some testimony was incorrectly admitted as hearsay.
A 3a petition as to Ashlyn, DOB 3/05, alleged Ashlyn’s stepfather, Kenneth, sexually abused Ashlyn. Milly, Ashlyn’s mother, denied the allegations. At the hearing on the petition on October 31, 2011, Ashlyn’s neighbor testified that Ashlyn’s older sister, Brittany, told him that Kenneth had inappropriately touched Ashlyn. Milly’s attorney objected to this testimony as hearsay, but it was admitted because it was not being introduced for its truth, but to explain why the neighbor called the police. At the hearing, there was evidence that Ashlyn disclosed the abuse to several people and there was physical evidence of sexual abuse. Milly’s attorney objected to the testimony of the officer who interviewed Kenneth as hearsay, but the testimony was admitted as an admission against interest. The court adjudicated Ashlyn pursuant to §47-247(3)(a); Milly appealed the adjudication on the basis of incorrectly admitted hearsay evidence and insufficient evidence.
The Nebraska Court of Appeals affirmed the adjudication. The juvenile court correctly admitted the testimony by the neighbor because the out of court statements were admitted for a purpose other than the truth. The officer’s testimony regarding Kenneth’s statements during an interview should have been excluded as hearsay evidence. However, because there was other sufficient evidence of Kenneth’s sexual abuse, including Ashlyn’s disclosure and physical evidence, the adjudication was affirmed.