What is the test for admitting expert testimony in support of a claim of historical sexual abuse?

California, United States of America


The following excerpt is from People v. Marroquin, A148349 (Cal. App. 2018):

Because of the danger that a jury improperly could use such evidence to corroborate the child's testimony and infer that the abuse occurred, courts have imposed limitations on the admission of the evidence. (People v. Housley, supra, 6 Cal.App.4th at p. 955.) The expert's testimony must be addressed to specific myths or misconceptions suggested by the evidence. (Id. at p. 955.) And the court must instruct the jury that the expert's testimony is not evidence that the molestation claim is true, but may be considered only to evaluate whether the child's conduct is inconsistent with having been molested. (Ibid.)

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