Child Hearsay Tampa Sex Cases: FL Defense Guide

Child Hearsay in Tampa Sex Cases: A Defense Guide to Florida Law

If you’re confronting allegations in child hearsay Tampa sex cases, understanding how Florida law treats out-of-court statements by a child is critical. What a child allegedly said to a teacher, parent, or detective—known as “child hearsay”—can become potent evidence for the prosecution in Tampa Bay courtrooms. Florida Statute § 90.803(23) allows these statements even if the child doesn’t testify. For anyone accused in Tampa sex cases, effectively challenging such child hearsay is a cornerstone of a strong defense.  

What Is Hearsay in a Tampa Courtroom?

Hearsay is an out-of-court statement offered to prove the truth of what was said. For example, if a witness in a Hillsborough County trial states, “Johnny told me the defendant did it,” that’s hearsay. Courts typically exclude hearsay because the original speaker (Johnny) isn’t present for cross-examination. However, exceptions exist, particularly in sensitive matters like the child hearsay Tampa sex cases we focus on.

Florida’s Child Hearsay Exception: Crucial in Tampa Sex Cases (Florida Statute § 90.803(23))

Florida Statute § 90.803(23) is a game-changer in child hearsay Tampa sex cases. It permits statements from a child (17 or younger) describing abuse, sexual acts, or neglect to be used as evidence, even if normally inadmissible. This has profound implications for defendants in Tampa.

Child hearsay can include alleged statements about:

• Sexual abuse or contact
• Physical abuse or neglect
• Acts the child allegedly saw

When Can a Child’s Statement Be Admitted in Your Tampa Case?

A Tampa judge won’t rubber-stamp a child’s hearsay statement. Two vital conditions apply:

1. The Court Must Deem it Reliable: A special hearing is held (jury absent) to assess if the “time, content, and circumstances” of the statement ensure its trustworthiness. Your Tampa defense attorney will challenge this. Factors include:

   • Child’s age, maturity.
   • Nature of the alleged abuse.
   • Child’s relationship with the accused.
   • Spontaneity and detail of the statement.
   • Motive to lie.
   • Other relevant factors.

2. Child Testifies OR Corroborating Evidence Exists (If Child Unavailable): If the child doesn’t testify (perhaps due to potential trauma, making them “unavailable”), other evidence must support their hearsay statement.

Critical Defense Notice: The State must provide your defense at least 10 days’ pre-trial notice if they intend to use child hearsay, detailing the statement and why they believe it’s reliable. The judge must make specific findings before it’s presented to a jury.

Real-Life Child Hearsay Defense: The “Rhino” Case Study

A powerful illustration of defending child hearsay Tampa sex cases comes from a case handled by Rocky Brancato. A child claimed “a rhino came out of Grandpa’s skin.” The prosecution in  presented this as coded trauma language for sexual abuse by the grandfather. Rocky Brancato’s cross-examination revealed the child was describing a literal zoo animal, not abuse. Concerns about coaching also arose. Result: The judge excluded the hearsay as unreliable; charges were dismissed. This highlights the need for meticulous defense in Tampa sex cases.  

Forensic Interviews, Contamination Risks, and Corroboration in Tampa

The State sometimes tries to use videoed Child Protection Team (CPT) “forensic interviews” to introduce child hearsay. These are not automatically admissible. Before CPT, untrained adults (family, teachers) might ask leading questions, contaminating the child’s account. This flawed statement can then wrongly influence the entire Tampa case. If the child doesn’t testify, robust corroborating evidence is essential.

At The Brancato Law Firm, P.A., we investigate:

• How the initial statement was elicited.
• CPT interview protocols in Hillsborough or Pinellas.
• Potential biases (family dynamics, custody disputes).
• Whether “corroboration” is mere repetition.

Why Child Hearsay Hearings Are Crucial in Tampa Sex Cases

Once a judge allows a child hearsay statement into your Tampa trial, it can become the prosecution’s most damaging evidence, especially if the child doesn’t testify. These pretrial hearings often decide if a Tampa sex case proceeds to trial or is dismissed due to inadmissible evidence.

With over 25 years of criminal trial experience, Rocky Brancato is known across Florida, especially in the Tampa Bay area, for meticulously defending serious child-related charges. His skill in challenging child hearsay has led to dismissals in cases where others might have advised a plea.

Facing a Child Accusation in Tampa, Hillsborough, Pinellas, or Pasco County? If you’re under investigation or charged in a Tampa sex case involving a child’s statement, call The Brancato Law Firm, P.A. at (813) 727-7159. The sooner we get involved, the stronger your defense against unreliable evidence will be. Your future in Tampa depends on it.