Iowa's Medical Hearsay Rule Stays Firm

An attacker-identifying statement made by an adult victim of domestic abuse to a health-care professional is not automatically admissible.

 

State v. Smith, 2016 BL 66012, Iowa, No 13-1202, 3/4/16

     The Iowa Supreme Court ruled that even though statements made by child victims to health-care providers are routinely admitted, identifying statements made by adult victims will not be automatically admissible.

     The state wanted to court to follow other jurisdictions, including the 10th Circuit, which allow these identifying statements because the identity of the abuser is pertinent and necessary to the victim's treatment. However, the court ruled that it would require the state to prove on a case-by-case basis how the identification of the abuser was necessary to provide treatment.

http://www.bloomberglaw.com/public/desktop/document/State_v_Smith_No_131202_2016_BL_66012_Iowa_Mar_04_2016_Court_Opin?1458314791