THE CIRCUIT COURT OF HALIFAX COUNTY Joel C. Cunningham, Judge
Brendan U. Dunning (Law Office of Brendan U. Dunning, P.C.,
on brief), for appellant.
Christian Obenshain, Assistant Attorney General (Mark R.
Herring, Attorney General, on brief), for appellee.
Present: Chief Judge Huff, Judges Petty and Beales Argued at
A. HUFF CHIEF JUDGE.
Mazariegos Campos ("appellant") appeals his
convictions of aggravated sexual battery by a parent, in
violation of Code § 18.2-67.3(A)(3); carnal knowledge of
a child, in violation of Code § 18.2-63; taking indecent
liberties with a child, in violation of Code § 18.2-370;
and object sexual penetration, in violation of Code §
18.2-67.2. Following trial in the Circuit Court of Halifax
County ("trial court"), appellant was sentenced to
twenty-nine years' imprisonment. On appeal, appellant
contends that the trial court "abused its discretion by
allowing into evidence testimonial statements to a medical
provider which were not limited to statements of symptoms or
medical history." For the following reasons, this Court
affirms appellant's convictions.
appeal, "we consider the evidence and all reasonable
inferences flowing from that evidence in the light most
favorable to the Commonwealth, the prevailing party at
trial." Williams v. Commonwealth, 49 Va.App.
439, 442, 642 S.E.2d 295, 296 (2007) (en banc)
(quoting Jackson v. Commonwealth, 267 Va. 666, 672,
594 S.E.2d 595, 598 (2004)). So viewed, the evidence is as
victim in this case, C.F., was four years old when appellant
began dating Stacey Campos, C.F.'s mother, in 2006. From
when C.F. first met appellant until after Stacey and
appellant married in 2008, appellant acted as a father figure
for C.F. and had authority to instruct her and discipline her
2012, C.F. reported to Stacey that appellant had sexually
abused her, but when Stacey confronted appellant, he denied
it. Stacey then told C.F. that she did not believe her
report, and C.F. recanted.
year later, C.F. again reported that appellant had sexually
abused her. Stacey took C.F. to Lynchburg General Hospital on
August 10, 2013, where Donna Kling, a forensic nurse
examiner, examined C.F. At this point, the Department of
Social Services became involved and Stacey took out a
protective order against appellant. Even after these events,
Stacey again told C.F. that she did not believe her, and
following a heated argument, C.F. again recanted. The
protective order was then dismissed at Stacey's request.
incident occurred on October 6, 2014. While Stacey was at
work, appellant asked C.F. to enter the bedroom and wait.
Appellant entered, and pulled down C.F.'s pants and
underwear as well as his own pants. Appellant's penis
touched C.F.'s vagina and was "moving up and
down." Appellant persisted even after C.F. told him to
stop, and she felt his penis enter between her labia. When he
finished, appellant instructed C.F. to go to bed.
took C.F. to Lynchburg General Hospital on October 10, 2014,
where C.F. was again examined by Kling. That evening, Stacey
received two calls from appellant during which appellant told
her, "I'm sorry, I'm sorry for hurting you and
jury indicted appellant for eight sexual offenses. At trial,
the Commonwealth called Kling, and appellant stipulated to
Kling's certification as an expert "in child sexual
assaults and forensic evaluations." During direct
examination, the Commonwealth asked Kling to tell the jury
about her interview with C.F., to which counsel for appellant
objected on hearsay and Confrontation Clause grounds. Arguing
outside the presence of the jury, counsel for appellant
contended that Kling's testimony regarding C.F.'s
statements constituted testimonial hearsay and violated
Crawford v. Washington, 541 U.S. 36 (2003). Counsel
also argued that C.F.'s hearsay statements would not fall
under the medical treatment exception to the hearsay rule,
Virginia Rule of Evidence 2:803(4). The trial court overruled
appellant's objections, finding that Kling's
statements were not testimonial and fell within the hearsay
exception because Kling's goal in interviewing C.F. was
to diagnose and treat C.F. Additionally, the trial court
reasoned that C.F.'s motivation had not been to provide
evidence for the Commonwealth.
Commonwealth then had Kling "quote word for word"
from her notes of the October 10, 2014 interview with
I asked, "Tell me about why you came to see me
[C.F.] stated, "My stepdad was raping me."
I asked, "What does that mean?"
[C.F.] stated, "He was touching my private area and
having sex with me."
I asked, "Tell me more about that."
[C.F.] stated, "He would make me lay on my mom's
bedroom floor. He took my pants and underpants off and he put
his thing on my private."
I asked, "What is his thing?"
[C.F.] stated, "His wee wee."
I asked, "Did he put it on top of your privates or
inside your privates?"
[C.F.] stated, "I don't really know because I
wouldn't pay attention because I wouldn't like what
he was doing."
I asked, "When he put his wee wee on top of your
privates, what would he do?"
[C.F.] stated, "He would move it around."
I asked, "Did anything ever come out of his wee
[C.F.] stated, "When I push him away, he would get back
on me and when stuff came out, it went everywhere."
I asked, "What did the stuff look like?"
[C.F.] stated, "It was white."
I asked, "Where did it go?"
[C.F.] stated, "On the floor, on my legs, and on
I asked, "Did anyone clean it up?"
[C.F.] stated, "He would. He would clean it off of
I asked, "Did that happen one time or more than one
[C.F.] stated, "More than one time."
I stated, "Tell me about the first time."
[C.F.] stated, "It's been a while. He's been
doing it a lot."
I asked, "When was the last time?"
[C.F.] stated, "Monday."
I asked, "What time on Monday?"
[C.F.] stated, "After my mom went to work. I went to go
to bed and he grabbed my arm. He put me on the couch for a
while because my nanny was there. He told me to go into my
mom's bedroom and take my pants off."
I asked, "Where was nanny then?"
[C.F.] stated she went to her room. "He came back there.
He took his pants off. He got on top of me. I pushed him away
because something had hurt."
I asked, "Where did it hurt?"
[C.F.] stated, "In my private. I told him to stop but he
said no. After he finished, he got up and went in ...