In Re Damon H.

This appeal raises the dual issues of the admissibility of an out-of-court statement of a young child victim of sexual molestation under the spontaneous declaration exception to the hearsay rule and whether such admission violates the constitutional right of confrontation.

The juvenile court sustained a petition (Welf. & Inst. Code, § 602) alleging that on June 9, 1983, 14-year-old Damon H. violated Penal Code sections 286, subdivision (c) (sodomy with a person under 14 years of age and more than 10 years younger than he), and 288, subdivision (a) (lewd and lascivious act on child under 14 years of age). The court declared the minor a ward and placed him in a group home. On appeal, the minor contends the court erred by permitting the victim’s mother to testify that the victim told her, “Damon put his weenie in my butt.” As we conclude the juvenile court properly admitted this evidence, we shall affirm the order.

Background

At the jurisdictional hearing on July 7, 1983, it was stipulated that the victim, two-year, nine-month-old Colby, was incompetent to testify. Colby’s mother testified she permitted Colby and his brother Jessie, age 4 years, 10 months, to go on a bike…