Opinion
January 24, 1995
Appeal from the Family Court, New York County (Michael Gage, J.).
Family Court's determination that the child was sexually abused by respondent was supported by a preponderance of the evidence (Family Ct Act § 1046 [b] [i]). Unsworn out-of-court statements of a child victim may be received into evidence and, if properly corroborated, will support a finding of sexual abuse (Family Ct Act § 1046 [a] [vi]; Matter of Nicole V., 71 N.Y.2d 112, 117-118). The hearing testimony and medical records indicate that on separate occasions the child indicated to her mother, a Child Welfare Administration caseworker and a hospital child life clinic worker that respondent had, among other things, made genital contact with her mouth. Although the child's statements did not specifically indicate that she had been sexually abused by penetration of the vagina, the uncontroverted testimony of the expert in pediatrics and child sexual abuse established that such abuse occurred, based on observations of an enlarged vaginal opening and a minimal presence of hymen tissue.
Concur — Sullivan, J.P., Wallach, Kupferman and Ross, JJ.