State v. Sibley
Facts
Defendant married Lula Hawkins's mother when Lula was about nine years old, thereafter clothed her, sent her to school, and kept her as a member of his household. Lula testified that defendant repeatedly had forcible sexual intercourse with her while she lived in the home and that she later became pregnant and delivered a stillborn child, which she said was defendant's. The state introduced several letters connected to defendant and also introduced testimony from a witness recounting Lula's out-of-court statements made while defendant was absent. Defendant denied intercourse, denied that Lula was in his care or control, and challenged the evidentiary rulings.
Issue
Whether the evidence was sufficient to show that Lula had been confided to defendant's care or protection within the meaning of the statute, and whether the trial court erred in admitting certain letters and hearsay statements. The case also addressed the admissibility of evidence concerning other acts of illicit intercourse and impeachment evidence regarding defendant's character for chastity.
Rule
Under the statute, a female under eighteen may be found to have been confided to a person's care or protection from the surrounding facts and circumstances; an express contract or agreement is not required. A writing prepared by the defendant at another's request, concerning matters affecting him and known by him in content, is admissible against him as his act, but a writing not shown to have been written, approved, or known by him is not. Out-of-court accusatory statements made in the defendant's absence and not part of the res gestae are inadmissible hearsay and cannot be admitted merely to corroborate the prosecuting witness.
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If prosecutors must prove Elena was confided to Darren's care or protection under a statute covering sexual misconduct by a person entrusted with a female under eighteen, which is the strongest analysis?