In what circumstances will police officers be allowed to testify that a sexual assault victim does not immediately tell the police that they were sexually abused?

California, United States of America


The following excerpt is from People v. Reed, A135971 (Cal. App. 2015):

In People v. Dunnahoo, two five-year-old victims did not immediately tell police officers they were sexually abused. At trial, the prosecution called two police officers, qualified as experts, who testified that it was not unusual for child victims to be reluctant to talk about their abuse. (People v. Dunnahoo (1984) 152 Cal.App.3d 561, 577.) Both officers testified that "a sexually molested child finds it quite difficult to talk about sexual indiscretions with an adult." (Ibid.) "The officers' testimony was admissible as opinion testimony by an expert witness pursuant to Evidence Code section 801 because the subject of child molestation and more particularly, the sensitivities of the victims, is knowledge sufficiently beyond common experience such that the opinion of an expert would be of assistance to the trier of fact." (Ibid.)

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