Webster v. State

ADKINS, Judge.

In this appeal from a child sexual assault conviction, we must decide whether a four-year old victim’s description of the assault communicated to a nurse trained in Sexual Assault Forensic Examination (“SAFE”) was admissible under Md. Rule 5-803(b)(4), the hearsay exception covering statements made “for purposes of medical diagnosis or treatment.” We shall hold that it was, even though there were dual medical and forensic purposes for the challenged statement.

FACTS AND LEGAL PROCEEDINGS

On the evening of August 6, 1999, Evelyn Francis hosted a “safe sex” meeting sponsored by the…