Is there any case law or precedent for the admissible use of BWS testimony in a sexual assault case?

California, United States of America


The following excerpt is from The People v. Gadlin, 78 Cal.App.4th 587, 92 Cal.Rptr.2d 890 (Cal. App. 2000):

While it is true that BWS testimony can be powerfully prejudicial when its legal bounds are exceeded (see People v. Gomez, supra, 72 Cal.App.4th at pp. 418-419), we find no abuse of discretion in the trial court's present rulings. When BWS testimony is properly admitted, testimony about the hypothetical abuser and hypothetical victim is needed for the syndrome to be understood. To the extent that the expert testimony suggests hypothetical abuse that is worse than the case at trial, it may even work to the defendant's advantage. In any event, limiting the testimony to the victim's state of mind without some explanation of the types of behaviors that trigger the syndrome could easily defeat the purpose for which the expert is called, which is to explain the victim's actions in light of the abusive conduct.

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