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Question

Case 8.3
Police investigate a reported sexual assault of a ten year old female. Police were alerted by a school nurse who noticed bruises on her thighs after the child came to her office complaining of lower abdominal pain. The child was interviewed by a sexual assault nurse examiner (SANE) who asked questions about the assault not to gather evidence but to help the nurse examine and treat the child appropriately. The nurse also performed a rape kit and collected samples for DNA analysis. The child identified a neighborhood handyman as the perpetrator.
The accused, Chester Mayhem, had recently worked on the victim's home where he befriended the victim. Mayhem reportedly had sexually assaulted the child on four separate occasions. The child was reluctant to report the assaults as Mayhem threatened to kill her family if she said anything.
The subsequent investigation matched Mayhem's DNA to three other unsolved sexual assault cases. Mayhems is arrested and charged with multiple counts of aggravated sexual assault.

At trail the defense attempts to block the nurse's testimony regarding the child's description of the sexual assault as hearsay. Is this it hearsay?
a. Yes, because the nurse asked questions for the purposes of investigating the incident
b. Yes, because the testimony violates the Confrontation Clause
c. No, because testimony of a sexual assault nurse examiner is admissible under the medical diagnosis exception
d. No, because the child is too young to testify herself

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