NCJ Number
106032
Journal
Georgetown Law Journal Volume: 74 Issue: 2 Dated: (December 1985) Pages: 429-456
Date Published
1985
Length
27 pages
Annotation
This note analyzes the reliability of expert testimony on the typical characteristics of child sexual abuse victims.
Abstract
Child advocates claim that such testimony is necessary because adequate proof of sexual abuse is often unavailable. Conversely, defense attorney's argue that there is no documentable profile of the sexual abuse victims. Courts hearing this issue have reached mixed conclusions. It is argued that such expert testimony fails to meet the requirements for admissibility under the Federal rules of evidence. Nightmares, bedwetting, and anxiety are so nonspecific that they cannot be indicators of more than emotional problems. Such testimony creates a grave danger of misleading and confusing the jury and should be excluded. Reliable expert testimony may only arise in cases involving very young children whose behavior is bizarre and clearly linked to a sex crime. 172 footnotes.