tender years exception
- An exception to the rule that bans hearsay evidence where, in specific cases like child abuse or neglect, statements made by a minor child outside of court can be used if they hold enough reliability. This is usually considered if the child can testify, or if they cannot, there should be supporting evidence regarding the incident
- In a suspected child neglect case, the tender years exception may permit the child's statements to be used if they seem reliable.
- Due to the tender years exception, the child's out-of-court statements were taken into account during the trial.
- When the child was unable to testify, the tender years exception came into effect, allowing for consideration of their previous statements.