NCJ Number
162067
Journal
NRCCSA News Volume: 4 Issue: 5 Dated: (September/October 1995) Pages: 1,4-5
Date Published
1995
Length
3 pages
Annotation
Expert testimony in child sexual abuse cases must be relevant, helpful to the jury, and reliable and provided by experts qualified through education, training, experience, and expertise.
Abstract
The type of legal proceeding is also a factor in the admissibility of expert testimony, although the rules of evidence are theoretically the same. The law in criminal cases is less flexible about admitting expert testimony than it is in dependency and custody proceedings due to concerns about what the jury might do with such testimony and heightened concern for reliability of testimony where an individual's liberty is at stake. In child sexual abuse cases, an important distinction in the admissibility of expert testimony is made between testimony that is admissible as substantive or corroborative evidence versus testimony that is admissible in rehabilitation or rebuttal. Testimony about the memory or suggestibility of children is a newer area of expert testimony. Experts should be prepared to support their opinions with knowledge of current scientific literature, thoroughly review all files related to the case, insist on meeting with the attorney to discuss the proposed testimony, dress appropriately and professionally, appear reasonable and knowledgeable, maintain the same demeanor with opposing counsel, and concede points that should be conceded.