Nelson v. State

MOYLAN, Judge.

In evidentiary terms, how does one classify a victim’s reporting or recounting of a sexual attack when that report is offered at trial through the testimony of the person who heard it? Perplexingly, it may be many things, each -with its own qualifying rules and each with its own evidentiary significance.

It may sometimes be a prior consistent statement, admissible only in rebuttal and only after the victim has testified, offered to rehabilitate the victim’s impeached testimonial credibility. In that capacity, it is non-hearsay. Cole v. State, 83 Md.App. 279, 296-302, 574 A.2d…