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Child Hearsay in Tampa Sex Cases: A Defense Guide
| Key Takeaway: Florida Statute 90.803(23) allows prosecutors to introduce child hearsay statements even when the child doesn’t testify–however, they can only do so if the court finds the statement reliable. Because of this requirement, defense attorneys can challenge reliability at a pretrial hearing. Consequently, successful challenges often lead to excluded evidence and dismissed charges. In fact, The Brancato Law Firm has obtained dismissals in child hearsay cases throughout Hillsborough County. |
I’m Tampa Criminal Defense Attorney Rocky Brancato. For over 25 years, I’ve defended clients facing child hearsay challenges in sex crime and child abuse cases. Because I served in the Major Crimes unit handling these exact cases, I understand how prosecutors use child hearsay–and more importantly, I know how to defeat it. My law firm, The Brancato Law Firm, P.A. is adept in handling child hearsay cases.
What Is Hearsay in a Tampa Courtroom?
Simply put, hearsay is an out-of-court statement that someone offers to prove the truth of what another person said. For example, if a witness states, “Johnny told me the defendant did it,” that statement qualifies as hearsay. Generally, courts exclude hearsay because the original speaker isn’t present for cross-examination.
However, Florida law creates specific exceptions–particularly in child abuse and sex crime cases–that allow prosecutors to introduce these statements into evidence. As a result, understanding these exceptions becomes critical for anyone facing accusations. Therefore, at The Brancato Law Firm, we challenge child hearsay at every stage of the proceedings.
Florida’s Child Hearsay Exception
| Florida Statute 90.803(23): This statute permits prosecutors to introduce statements from a child (17 or younger) describing abuse, sexual acts, or neglect–even when that statement would normally qualify as inadmissible hearsay. However, the prosecution must first prove that the statement meets reliability standards, and the defense has the right to challenge reliability at a pretrial hearing. |
Specifically, child hearsay can include alleged statements about:
– Sexual abuse or contact
– Physical abuse or neglect
– Acts the child allegedly witnessed
Notably, we have successfully excluded child hearsay statements in cases where the State failed to meet reliability requirements. In other words, the exception isn’t automatic–and that’s precisely where experienced defense makes the difference. The right Tampa Sex Crimes Attorney can make all the difference.
When Can a Child’s Statement Come Into Evidence?
A Tampa judge won’t automatically admit child hearsay into evidence. Instead, two conditions must first exist. At The Brancato Law Firm, we challenge both of these requirements:
| Reliability Factor | What We Challenge |
| Child’s age and maturity | Younger children respond more readily to suggestion and leading questions |
| Nature of the alleged abuse | Vague or inconsistent descriptions undermine the statement’s reliability |
| Relationship with the accused | Custody disputes and family conflicts create clear motive to fabricate |
| Spontaneity of the statement | Coached statements lack spontaneity; therefore, we examine who asked what questions |
| Detail and consistency | Evolving stories and added details over time signal contamination |
| Motive to lie | Divorce proceedings, custody battles, attention-seeking, or adult coaching |
| Critical Defense Notice: The State must provide your defense with at least 10 days’ pre-trial notice when prosecutors intend to use child hearsay. Additionally, the judge must hold a hearing (with the jury absent) and make specific findings before allowing the statement to reach the jury. Because of this requirement, this hearing often determines whether cases proceed to trial or result in dismissal–and this is where The Brancato Law Firm’s experience becomes decisive. |
Proven Results: How We Exclude Child Hearsay
| Case Study: The “Rhino” Case A child claimed that “a rhino came out of Grandpa’s skin.” The prosecution presented this statement as coded trauma language indicating sexual abuse. However, Rocky Brancato’s cross-examination revealed that the child was actually describing a literal zoo animal–not abuse. Furthermore, evidence of coaching emerged during the hearing. As a result, the judge excluded the hearsay as unreliable, and the State subsequently dismissed all charges. |
Child Hearsay Defense Results
| Outcome | Charge | How We Won |
| DISMISSED | Sexual Molestation | We exposed coaching; consequently, judge excluded “Rhino” statement |
| NOT GUILTY | Capital Sexual Battery | We proved wife coached child during divorce proceedings |
| DISMISSED | Lewd Molestation | We demonstrated statement evolved across interviews; contamination proven |
| EXCLUDED | Child Abuse | We identified CPT protocol violations; therefore, judge deemed statement unreliable |
Disclaimer: Each case is unique. Past results do not guarantee future outcomes.
Forensic Interviews and Contamination Risks
Prosecutors often rely on Child Protection Team (CPT) forensic interviews to introduce child hearsay. However, courts do not automatically accept these recordings as admissible evidence. Before the CPT interview occurs, untrained adults–including family members, teachers, and police officers–may have already asked leading questions that contaminated the child’s account. Consequently, this flawed initial statement can taint everything that follows.
Because of these contamination risks, at The Brancato Law Firm, we thoroughly investigate the following areas:
| Investigation Area | What We Look For |
| Initial disclosure | Who asked what questions first? Did they use leading language? |
| CPT interview protocols | Did Hillsborough or Pinellas CPT follow proper forensic guidelines? |
| Family dynamics | Do custody disputes, divorce proceedings, or conflicts create motive? |
| Statement evolution | Did the story change between initial disclosure and formal interview? |
| Corroboration quality | Does the “corroboration” merely repeat the same contaminated account? |
Why Child Hearsay Hearings Determine Your Case
Once a judge allows child hearsay into your trial, it typically becomes the prosecution’s most damaging evidence–especially when the child doesn’t testify and the defense cannot conduct cross-examination. Therefore, the pretrial reliability hearing frequently determines whether a case proceeds to trial or results in dismissal.
With over 25 years of trial experience–including years in the Major Crimes unit handling sex crimes and child abuse–Rocky Brancato has developed specific techniques for challenging child hearsay reliability. As a result, his skill in these hearings has led to dismissals in cases where other attorneys might have simply advised accepting a plea.
Frequently Asked Questions
Child hearsay refers to an out-of-court statement that a child (17 or younger) makes describing abuse, sexual acts, or neglect. Under Florida Statute 90.803(23), prosecutors can introduce these statements as evidence even when the child doesn’t testify–however, the court must first find that the statement meets reliability requirements.
Yes, absolutely. The State must prove that the statement meets reliability standards. If we can demonstrate coaching, contamination, suggestive questioning, or motive to fabricate, then the judge may exclude the hearsay entirely. In fact, The Brancato Law Firm has obtained dismissals when we excluded child hearsay that served as the State’s only evidence.
Yes–and you need one immediately. Defense attorneys can challenge child hearsay at multiple stages, but only if you retain experienced counsel from the start. The earlier we get involved, the more opportunities we have to exclude unreliable statements before they reach a jury.
Fees vary based on case complexity. However, cases involving child hearsay require specialized expertise that most attorneys lack. Given the stakes–potential life imprisonment and mandatory sex offender registration–experienced defense is essential. Therefore, call (813) 727-7159 for a free consultation to discuss your specific situation.
Rocky Brancato has earned selection to Super Lawyers and holds an AV Preeminent rating from Martindale-Hubbell. Importantly, attorneys cannot purchase these credentials. Super Lawyers limits selection to the top 5% of attorneys through peer nomination and independent research. Similarly, AV Preeminent represents the highest rating for legal ability and ethics, based entirely on peer reviews from judges and fellow attorneys.
Rocky Brancato spent years in the Major Crimes unit defending sex crimes and child abuse cases–precisely where child hearsay matters most. As a result, he has developed specific cross-examination techniques and reliability challenges that have led to excluded statements and dismissed charges. Furthermore, combined with our AV Preeminent rating and forensic expert network, we provide advantages that most attorneys simply cannot match.
For more about our sex crimes defense strategies, visit our Tampa Sex Crimes Defense Lawyer page.
Facing Child Hearsay in a Tampa Sex Case?
The sooner The Brancato Law Firm gets involved, the stronger your defense against unreliable evidence will become. Remember: the reliability hearing may determine your entire future.
Your freedom is at stake–act now.
Call (813) 727-7159 for a Free, Confidential Consultation
Tampa Criminal Defense Attorney Rocky Brancato
The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.
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