Expert Testimony in Child Sexual Abuse Litigation (1989)

I. Introduction II. Admissibility of Expert Testimony ... A. General Rule of Admissibility ... B. Permissible Bases for Expert Testimony ... C. Qualifications of Expert Witnesses ... D. Form of Expert Testimony ... E. The Ultimate Issue Rule III. Expert Testimony Based on Novel Scientific Principles ... A. Why Special Admissibility Rules for Novel Scientific Evidence? ... B. Objecting to Novel Scientific Evidence ... C. The Frye Test ... D. Relevance Analysis IV. Categories of Expert Testimony on Child Sexual Abuse … A. Medical Evidence of Child Sexual Abuse ...1. Clinical and Scientific Information ... a. The Medical History ... b. The Physical Examination ... 2. Admissibility of Expert Medical Testimony Regarding Sexual Abuse ... B. Behavioral Science Testimony Describing Behaviors Commonly Observed in Sexually Abused Children ... 1. Clinical and Scientific Information ... 2. Expert Testimony on Behaviors Commonly Observed in Sexually Abused Children ... a. Logical Relevance of Expert Testimony on Behaviors Commonly Observed in Sexually Abused Children ... b. Case Law Regarding Expert Testimony on Behaviors Commonly Observed in Sexually Abused Children ... c. Child Sexual Abuse Accommodation Syndrome ... d. Conclusion ... C. Behavioral Science Testimony on Whether a Child Was Sexually Abused ... 1. Clinical and Scientific Information ... 2. Admissibility of Expert Testimony on Whether Sexual Abuse Occurred ... a. Validation of Child Sexual Abuse in New York ... b. Case Law Regarding Expert Testimony on Whether Abuse Occurred ... c. Expert Testimony on Whether a Child Was Sexually Abused Should be Admissible in Appropriate Cases ... D. Behavioral Science Testimony to Rehabilitate a Child's Credibility Following Impeachment in Which the Defendant Asserts that Behaviors Such as Recantation and Delay in Reporting Are Inconsistent with Allegations of Sexual Abuse ... 1. Clinical and Scientific Information ... 2. Expert Testimony to Rehabilitate Credibility ... E. Behavioral Science Testimony to Rehabilitate a Child's Credibility Following Impeachment in Which the Defendant Argues that Developmental Differences between Adults and Children Render Children Less Credible Witnesses than Adults ... 1. Clinical and Scientific Information ... a. Memory ... b. Inconsistency ... c. Suggestibility ... d. Differentiating Fact from Fantasy ... e. Understanding Time ... 2. Behavioral Science Testimony Regarding Developmental Differences between Children and Adults ... F. Behavioral Science Testimony That a Particular Child, or Sexually Abused Children as a Class, Generally Tell the Truth about Sexual Abuse ... 1. Clinical and Scientific Information Regarding Credibility ... a. Subjective Truthfulness ... b. Perceived Accuracy ... c. Do Experts Possess Specialized Knowledge about Children's Credibility That Could Assist Fact Finders?... 2. Judicial Response to Expert Testimony on Credibility ... 3. A Limited Role for Expert Testimony on Credibility? ... G. Expert Testimony Identifying the Perpetrator ... H. Behavioral Science Testimony Describing the Profile of Persons Who Abuse Children ...1. Clinical and Scientific Information ... a. Defining and Describing Paraphilia ... b. Etiological Theories of Paraphilia ... c. Psychological Evaluation of Sexual Offenders ... d. Treatment ... 2. Behavioral Science Testimony Regarding Offender Characteristics or Profiles ... a. Physical Abuse Cases ... b. Sexual Abuse Cases ... I. A New Concept: Court Appointed Experts on Child Development V. Conclusion