A "statement" for purposes of the hearsay prohibition against the admission of hearsay statements is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion.

Fed. R. Evid. 412(b)(1)(C) ("(1) In a criminal case, the following evidence is admissible, if otherwise admissible under these rules: ... (C) evidence the exclusion of which would violate the constitutional rights of the defendant.").The sexual history or predisposition of the alleged victim is admissible if its exclusion would violate a criminal defendant's constitutional rights.

United States v. Washington, 434 F.3d 7, 13 (1st Cir. 2006) (upholding trial court's admission of testimony about statements made by some of his co-venturers as equivalent to statements of co-conspirators because "the....A statement by a co-conspirator of a party is not barred by the hearsay rule from being admitted against the party if the statement was made by the co-conspirator during the course and in furtherance of the conspiracy.

Fed. R. Evid. 901(b)(7) ("Evidence that a writing authorized by law to be recorded or filed and in fact recorded or filed in a public office, or a purported public record, report,....Federal Rule of Evidence 901(b)(7) and comparable State rules provide that a writing may be authenticated by evidence that the writing is authorized by law to be recorded or filed and is in fact recorded or filed in a public office; and a purported public record, report, statement, or data compilation, in any form, may be authenticated by evidence that it is from the public office where items of this nature are kept.