The principle on which evidence of res gestae, including hearsay evidence, is admitted is that the words and events may be so closely inter-related that the truth can only be discovered when the words accompanying the events are disclosed. But it is not essential that the words should be absolutely contemporaneous with the events. What is essential is that there should be close association, and that the words sought to be proved by hearsay should be at least de recenti and not after an interval which would allow time for reflection and for concocting a story. http://www.cps.gov.uk/legal/h_to_k/hearsay/
However, the soundness of this approach seems to be doubted in the recent case of Cinci v HM Advocate. There the complainer, on being discovered naked in a shower cubicle with the accused, stated that he had raped her. The trial judge was of the view that this statement was admissible as part of the res gestae, following the approach taken in O’Hara, but this was reversed on appeal. Lord Justice Clerk Gill stated that he was:
“…of the opinion that the words “He raped me” were not part of the res gestae. The res gestae principle is founded, at any rate on the older Scottish authorities, on the idea that the words spoken are part of the event itself.”
De recenti is well explained in Morton v HM Advocate
A statement made by an injured party de recenti, unless it can be brought within res gestae, is ordinarily inadmissible as hearsay only, but an exception is allowed in the case of sexual assaults on women and children. A statement of the injured party de recenti is nothing but the statement of the injured party, and it is not evidence of the fact complained of. It follows that for a de recenti statement to be admissible, its maker must testify. This was also illustrated with photo booth hire Glasgow
In Shaban Ahmed v HMA 2009,an alleged victim in rape case made de recenti remark to friend but denied doing so later at trial. On appeal, held remark admissible; no rule that the victim had to confirm making it in order for it to be admissible. The crucial thing was whether remark made, not whether alleged author of it agreed it was made.