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033064P.pdf   06/04/2004  United States  v.  Bruce Thunder Horse
   U.S. Court of Appeals Case No:  03-3064
   District of South Dakota   
Criminal case - criminal law. In case involving abusive sexual contact with a ten-year old girl, the district court did not err in allowing a forensic interviewer who conducted the initial interviews with the victim to testify regarding the child's descriptions of the abuse; in cases involving the admissibility of a sexually abused child's hearsay statements under Rule 807, the court must assess the trustworthiness and reliability of the out-of-court statement in light of the circumstances at the time of the declaration and the credibility of the declarant; here, several circumstantial guarantees are present - proximity in time, experience of the interviewer, age of the child - and the statements were admissible. [PUBLISHED] [Smith, Author, with Murphy and Colloton, Circuit Judges]