Legal Definitions - prior consistent statement

A prior consistent statement is a witness's earlier statement that conflicts with the witness's testimony at trial. It is not hearsay if it is offered to rebut a charge that the testimony was improperly influenced or fabricated.

• If a witness testifies in court that they did not see the defendant at the scene of the crime, but had previously told the police that they did see the defendant, the prior consistent statement may be admissible to rebut a claim that the witness is lying or has been influenced to change their story.
• However, if the witness had never made a prior statement about the defendant's presence at the scene of the crime, then there would be no prior consistent statement to admit as evidence.

These examples illustrate how a prior consistent statement can be used in court to support or challenge a witness's credibility and the reliability of their testimony.