Opinion
October 2, 1990
Appeal from the Family Court, Bronx County (Rhoda J. Cohen, J.).
In a child protective proceeding, out-of-court statements of the victim, although hearsay, are admissible and, if properly corroborated by other evidence tending to support their reliability, may support a finding of abuse (Matter of Nicole V., 71 N.Y.2d 112, rearg denied 71 N.Y.2d 890). Contrary to the father's contentions, substantial medical evidence established rectal penetration, including the lack of an anal wink, visibility of anal mucosa, bluish colorization around the anus, thinning of the perianal skin, and an abnormally wide rectal opening (see, e.g., Matter of Jesse S., 152 A.D.2d 581). Further corroboration was provided by the testimony of two social workers that the child's behavioral symptoms, including age-inappropriate knowledge of sexual behavior manifested verbally and in play activities with anatomically correct dolls, was symptomatic of sexual abuse (see, Matter of Nicole V., 71 N.Y.2d, supra, at 121). Nor was respondent's claim of lack of access sufficient to rebut the prima facie case (see, Matter of Valerie Leonice T., 107 A.D.2d 327, 329) as respondent had liberal unsupervised visitation rights (see, Matter of Dutchess County Dept. of Social Servs. [George K.], 135 A.D.2d 631, lv denied 72 N.Y.2d 802).
The court also properly denied respondent's motion to introduce the results of a polygraph examination. The reliability of such a test is not recognized in this State (People v. Leone, 25 N.Y.2d 511), and the proscription against admission is applicable to child sexual abuse cases (Matter of Aryeh-Levi K., 134 A.D.2d 428).
Nor did the court abuse its discretion in denying respondent's motion for a second physical examination of the child. Such an examination is intrusive, has questionable probative value, and is potentially traumatic to the child (see, Matter of Laura W., 160 A.D.2d 585).
Concur — Ross, J.P., Rosenberger, Ellerin, Wallach and Rubin, JJ.