CHILDREN AND THE LAW
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Dependency Petitions
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Jurisdictional Hearing
.........Sexual Deviance: Lack of
6 Cards On This Topic:
Admissibility of evidence of lack of sexual deviance.
Lay opinion proper evidence of character (that accused not sexual deviant) in child molest case.
Expert opinion on evidence of character (i.e., accused not sexual deviant) proper in child molest case, even when based in part upon standardized written tests.
Expert’s testimony was admissible character evidence, because lack of sexual deviance is a character trait subject to proof by opinion testimony.
Expert not permitted to testify based upon physical stimulation test that D did not commit child molest because he lacked requisite behavior characteristics.
Exclusion of expert testimony re psychological and physiological testing proper based on insufficient foundational showing.