Remedial Law, 2019 Bar — Question B.20-b

ESSAY

AAA, a ten (10)-year old minor, was sleeping inside her room when she was awakened by her uncle, Mr. G, who was reeking of alcohol and was already on top of her. After Mr. G succeeded in having carnal knowledge of AAA, the former immediately left the latter’s room. Thereafter, AAA rushed into the room of her mother, MMM, and spontaneously and frantically reported the incident. Eventually, Mr. G was arrested and was indicted for the crime of Rape. During trial, MMM was presented as a witness to testify on what AAA reported to her and AAA’s gestures and disposition at that time. Mr. G’s counsel objected to MMM’s testimony on the ground that it is hearsay evidence. The prosecutor countered that the subject of MMM’s testimony may be admitted as an independently relevant statement and as part of the res gestae. May AAA’s statement to MMM be admitted on the ground of res gestae? Explain.

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