CHILDREN AND THE LAW
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Evidentiary Issues
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Expert Witnesses (Psych. Opinion)
.........Child Sexual Abuse Accom. Syndr. (CSAAS)
13 Cards On This Topic:
Child Sexual Abuse Accommodation Syndrome (CSAAS) summarized.
Trial court had no sua sponte duty to give the pattern jury instruction explaining the limited purpose of expert testimony on the CSAAS.
Because of lack of more substantial record, D could not offer a persuasive challenge to the admissibility of CSAAS evidence; Court declined to overturn settled law on subject.
CSAAS permitted to dispel jury’s misconceptions about abuse, but not for purpose of demonstrating abuse.
Expert testimony re CSAAS properly admitted in case-in-chief to rehabilitate victim’s credibility.
CSAAS limited to why minor’s behavior not inconsistent with her testimony that she was molested; DA must identify misconceptions which expert testimony designed to dispel.
Evidence of child molest syndrome inadmissible to prove molest at dependency hearing.
CSAAS evidence inadmissible to prove molestation occurred.
Physician examining minor for physical evidence of sexual abuse properly permitted to testify as to CSAAS, where latter not directed at minor.
CSAAS permitted to explain delay in reporting molest. Requirements for admission of CSAAS testimony.
Kelly-Frye applies to administrative hearings; CSAAS showing not sufficient.
Expert testimony explaining delay in child’s reporting sexual abuse permissible, as long as does not express opinion re truthfulness; Kelly-Frye not applicable.
Bledsoe properly applied to child molest cases; testimony cannot be used to diagnose victim as having been molested.