Legal Definitions - consonant statement

A consonant statement refers to a statement that is consistent with, or in agreement with, another statement previously made by the same individual. In legal contexts, particularly concerning witness testimony, a prior consonant statement can be relevant to demonstrate that a person's account has remained steady over time, especially when their credibility or the truthfulness of their current testimony is challenged.

Here are some examples illustrating the concept of a consonant statement:

• Example 1: Witness Testimony in a Criminal Trial

  During a robbery trial, a witness testifies that they saw the defendant wearing a distinctive red jacket. The defense attorney attempts to discredit the witness by suggesting they fabricated this detail after discussing the case with other witnesses. To counter this, the prosecution introduces a written statement the witness gave to the police immediately after the robbery, which also described the assailant wearing the same distinctive red jacket. This earlier written statement is a consonant statement because it aligns perfectly with the witness's current testimony, showing consistency in their account from the outset.

• Example 2: Insurance Claim Dispute

  A homeowner files an insurance claim for damage caused by a burst pipe, stating that the incident occurred on a specific date and caused damage to several rooms. The insurance company questions the timing and extent of the damage. The homeowner's attorney then presents text messages the homeowner sent to a plumber on the day of the incident, detailing the burst pipe and the affected rooms, along with photos taken at the time. These text messages and photos serve as consonant statements, reinforcing the homeowner's current claim by showing that their account of the event has been consistent since it happened.

• Example 3: Employment Discrimination Case

  An employee sues their former employer for wrongful termination, alleging they were fired due to age discrimination. In their deposition, the employee recounts several instances where their manager made disparaging remarks about their age. The employer's legal team suggests the employee is exaggerating or misremembering these events. The employee's attorney then introduces entries from the employee's personal journal, written shortly after each incident, which document the manager's exact comments and the dates they occurred. These journal entries are consonant statements, as they corroborate the employee's current testimony and demonstrate a consistent record of the alleged discriminatory remarks over time.