2018 Ohio 2638
Ohio Ct. App.2018Background
- In November 2015, 7-year-old L.R. was found with vaginal bleeding and abrasions; child services removed her from her parents' home and an investigation followed.
- L.R. began group counseling with Woodland Center in January 2016; in March 2016 she made disclosures during school group therapy implicating her father, Clinton Rutherford.
- Rutherford was indicted on rape and gross sexual imposition (among other counts); he waived a jury trial and proceeded to a bench trial in February 2017.
- The State introduced testimony from Brittany Bakenhaster, a Woodland Center case manager who ran L.R.’s group therapy; Bakenhaster reported statements L.R. made in therapy identifying Rutherford as the abuser.
- Defense objected that the statements were inadmissible hearsay and that Bakenhaster was an unlicensed counselor; the trial court admitted the statements under Evid.R. 803(4) and found Rutherford guilty of rape and gross sexual imposition.
- On appeal, Rutherford argued the court erred in admitting out-of-court statements made to an unlicensed psychological counselor and that psychotherapy statements fall outside Evid.R. 803(4).
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Rutherford) | Held |
|---|---|---|---|
| Whether out-of-court statements by a child made in group psychotherapy are admissible under Evid.R. 803(4) | Statements were made for diagnosis/treatment to a member of the treatment team (Woodland Center); thus admissible under the medical-diagnosis/treatment hearsay exception | Statements were made to an unlicensed counselor and reflect psychotherapy (not "medical" treatment); therefore not within Evid.R. 803(4) and are inadmissible hearsay | Court affirmed admission: statements were made for diagnosis/treatment, the case manager acted as part of the treatment team, and admission was not an abuse of discretion |
| Whether the reliability factors (Muttart factors) supported admissibility | The disclosure occurred after months in therapy, in a non-leading group setting, and staff relied on the statements in a treatment plan | The child may have lacked motive to speak for treatment or may have been influenced; counsel lacked licensure so professional-reliance factor is weak | Court found reliability factors satisfied: no suggestion/leading questioning, time in therapy established trust, staff psychologist reviewed and relied on the information |
Key Cases Cited
- State v. DeMarco, 31 Ohio St.3d 191 (Ohio 1987) (statements made for medical diagnosis or treatment are admissible under Evid.R. 803(4))
- State v. Muttart, 875 N.E.2d 944 (Ohio 2007) (lists factors to assess reliability of out-of-court statements by children for Evid.R. 803(4) admission)
- State v. Boston, 545 N.E.2d 1220 (Ohio 1989) (recognizes importance of psychological counseling in child abuse cases and supports treating statements to mental-health professionals as within treatment exception)
- State v. McWhite, 597 N.E.2d 168 (Ohio App.) (clinical psychologist's testimony about child statements admissible under Evid.R. 803(4); therapist need not be a medical doctor)