context: A number of jurisdictions that have considered the issue have determined that statements made during such a medical interview are nontestimonial in nature because the primary purpose of the interview is for the care and treatment of the victim.
citation_a.signal: cf.
citation_a.parenthetical: sexual assault nurse examiner and "self-described" forensic interviewer was acting as an agent of police when she interviewed molestation victim referred to her by police and police supervised the victim's visit
citation_a.sentence: Cf. State v. Hooper, 145 Idaho 139, 176 P.3d 911 (2007) (sexual assault nurse examiner and “self-described” forensic interviewer was acting as an agent of police when she interviewed molestation victim referred to her by police and police supervised the victim’s visit).
citation_b.signal: see
citation_b.parenthetical: a child's statements to a doctor following a sexual assault were deemed nontestimonial because "from the perspective of an objective witness in the child's position, it would be reasonable to assume that this examination was only for the purpose of medical diagnosis"
citation_b.sentence: See, e.g., State v. Vaught, 268 Neb. 316, 682 N.W.2d 284 (2004) (under a “reasonable witness” standard, the statements a sexual-assault victim made to the emergency-room physician were nontestimonial because the victim made the statements— and the doctor elicited the statements— primarily for the purposes of medical diagnosis and treatment); People v. Vigil, 127 P.3d 916 (Colo.2006) (a child’s statements to a doctor following a sexual assault were deemed nontestimonial because “from the perspective of an objective witness in the child’s position, it would be reasonable to assume that this examination was only for the purpose of medical diagnosis”); United States v. Peneaux, 432 F.3d 882 (8th Cir. 2005) (statements made to a physician seeking to give medical aid in the form of a medical diagnosis or treatment are presumptively nontestimonial); and State v. Stahl, 111 Ohio St.3d 186, 855 N.E.2d 834 (2006) (statements by a rape victim to emergency room nurse specializing in treating sexual-assault victims were deemed nontestimonial because to a reasonable person, the statements would appear to serve a primarily health-care-related function).