Blake v. State
Supreme Court of Wyoming
933 P.2d 474 (1997)
David Alfred Blake (defendant) was tried for sexually assaulting his stepdaughter. Over objection, the trial court let Dr. Bowers testify that the victim, during a sexual-assault exam, identified Blake as her attacker; the victim herself never testified. Before that testimony, the State (plaintiff) established that Dr. Bowers routinely asks about a perpetrator's identity to guide treatment and assess a victim's emotional state. Blake was convicted and appealed, arguing the identification testimony was inadmissible hearsay.
Whether hearsay statements to a medical professional attributing fault or identifying a party are admissible under Wyoming Rule of Evidence 803(4) when the case involves physical or sexual abuse of a child and a proper foundation has been laid.