State v. Aguallo

MEYER, Justice.

This case presents two significant questions with respect to the testimony of a physician who examined a child rape victim. First, defendant argues that the trial court erred in allowing the examining physician to testify as to statements made to her by the victim. Second, defendant argues that the trial court erred in allowing the examining physician to testify as to whether the child victim was “believable.”

We find that the child’s statements to the physician were for the purpose of medical diagnosis and treatment and were thus admissible under Rule 803(4) of the North…