Washington v. Swan

114 Wash. 2d 613, 790 P.2d 610 (1990)

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Nature of the Case

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Facts

B.A. was a three-year-old child. A daycare worker was suspicious due to comments B.A. had made. He thought B.A.'s parents, the Swans (D), were abusing B.A. A social worker interviewed B.A., who graphically described sexual acts performed upon her by D. Another three-year-old, R.T., her playmate, was also involved. R.T. was interviewed and made similar statements. Medical exams were performed. Evidence of vaginal penetration was present in B.A., but not R.T. D was brought to trial. The court held that the victims were not competent to testify, and admitted their previous statements under a Washington statute. D were convicted. The court of appeals reversed the convictions as to R.T. because no physical evidence was proved. The Washington Supreme Court granted review.