Legal Definitions - prior consistent statement

A prior consistent statement refers to a declaration, either spoken or written, made by a witness *before* they testify in court, which aligns with and supports their testimony given during the trial. It is typically introduced to reinforce the witness's credibility, especially when their testimony has been challenged or accused of being recently fabricated.

Here are some examples to illustrate this concept:

• Eyewitness Testimony in a Car Accident Case

  Scenario: Mr. Henderson testifies in court that he saw a blue truck run a red light, causing an accident. During cross-examination, the opposing lawyer suggests that Mr. Henderson only recently decided it was a blue truck because he has a personal grudge against the defendant, who owns a blue truck.

  Prior Consistent Statement: To counter this accusation, Mr. Henderson's lawyer introduces a written statement Mr. Henderson gave to the police at the scene of the accident, immediately after it occurred. In that statement, he clearly described seeing "a blue pickup truck speed through the intersection against the red light."

  Explanation: This earlier written statement is a prior consistent statement because it was made *before* the alleged motive to fabricate (the personal grudge) could have influenced his account, and it is *consistent* with his current testimony in court. It helps to show that his testimony about the blue truck is not a recent invention, thereby bolstering his credibility.

• Employee Whistleblower in a Corporate Fraud Case

  Scenario: Ms. Davies, a former accountant for a large corporation, testifies in a lawsuit that the company deliberately manipulated its financial records to inflate profits. The company's defense attorney tries to discredit her by suggesting she is only making these claims now out of bitterness after being laid off.

  Prior Consistent Statement: Ms. Davies' lawyer then presents a series of internal memos and emails Ms. Davies sent to her supervisor and the company's ethics committee *six months before* she was laid off. These communications detailed her concerns about the suspicious accounting practices and warned of potential fraud.

  Explanation: These internal memos and emails serve as prior consistent statements. They were made *before* she was laid off (and thus before any alleged motive for bitterness or fabrication could exist) and are *consistent* with her current testimony about the company's financial manipulation. They help demonstrate that her concerns were genuine and expressed long before the lawsuit or her termination.

• Victim's Account in an Assault Case

  Scenario: Mr. Patel testifies in a criminal trial about an assault he experienced, describing the attacker's appearance and the sequence of events. The defense attorney suggests that Mr. Patel's memory is unreliable and that he has changed details of his story over time due to media influence.

  Prior Consistent Statement: The prosecution introduces a recording of Mr. Patel's initial phone call to emergency services made immediately after the incident. In the call, he described the attacker and the events in a manner consistent with his current testimony in court.

  Explanation: The emergency services call is a prior consistent statement. It was made very close in time to the event, *before* any potential for memory distortion or external influence (like media reports) could significantly alter his account, and it *consistently* matches his testimony in court. This helps to refute the defense's claim that his memory is unreliable or that his story has changed.