How have courts interpreted expert testimony in a sexual assault case?

California, United States of America


The following excerpt is from People v. Jackson, E065105 (Cal. App. 2016):

The Housley court explained: "[T]his type of testimony may be unusually susceptible of being misunderstood and misapplied by a jury, perhaps because the expert commonly is asked to offer an opinion on whether the victim's behavior was typical of abuse victims, an issue closely related to the ultimate question of whether abuse actually occurred. [Citations.] Such testimony, especially from one recognized as an expert in the field of child abuse, easily could be misconstrued by the jury as corroboration for the victim's claims; where the case boils down to the victim's word against the word of the accused, such evidence could unfairly tip the balance in favor of the prosecution." (People v. Housley, supra, 6 Cal.App.4th at p. 958.)

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