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Tome v. United States
''Tome v. United States'', 513 U.S. 150 (1995), was a case decided by the Supreme Court of the United States that held that under Federal Rules of Evidence Rule 801(d)(1)(B), a prior consistent statement is not hearsay only if the statement was made before the motive to fabricate arose.〔Mueller, Christopher and Kirkpatrick, Laird. ''Evidence Under the Rules: Text, Cases, and Problems, Sixth Edition.'' Aspen Publishers, New York: 2008, p. 171-72.〕
==Factual background==
The defendant, Matthew Tome, was found guilty of sexually abusing his four-year-old daughter A.T. After her parents' divorce, A.T. was in Tome's primary physical custody, and she stayed with Tome on the Navajo Reservation in New Mexico. A.T.'s mother lived in Colorado.〔''Tome v. United States'', 513 U.S. 150, 153-56 (1995)〕
At trial, A.T. was six and a half years old and testified by short answers to leading questions. During cross-examination, the defense suggested that A.T. had fabricated the allegations against Tome because she wanted to go live with her mother. To rebut the charge of fabrication, the prosecution called six witnesses (a babysitter, A.T.'s mother, a social worker, and three pediatricians) that all testified to statements about the abuse that A.T. had made to them. The trial court admitted the statements under FRE 801, which reads:
The Tenth Circuit affirmed Tome's conviction, and the Supreme Court granted certiorari.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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