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Expert testimony regarding child sexual abuse
1University of the Pacific, McGeorge School of Law, Sacramento, CA 95817.
Child Abuse & Neglect
|January 1, 1993
Summary
Expert testimony is crucial in child sexual abuse cases across various courts. This review clarifies legal standards for expert witnesses, evidence admissibility, and judicial application in these sensitive litigations.
Area of Science:
- Forensic Psychology
- Legal Medicine
- Child Protection Law
Background:
- Expert testimony is integral to child sexual abuse litigation.
- Navigating legal complexities surrounding expert evidence is challenging for legal professionals.
Purpose of the Study:
- To comprehensively review legal issues pertinent to expert testimony in child sexual abuse cases.
- To elucidate the admissibility, qualifications, and standards governing expert witnesses in these litigations.
Main Methods:
- Analysis of legal doctrines and principles governing expert testimony.
- Review of contemporary case law in criminal, juvenile, and family courts.
- Examination of specific legal issues including evidentiary standards and judicial precedent.
Main Results:
- Expert testimony is permitted under specific conditions, requiring qualified witnesses.
- Permissible bases for testimony, standards of certainty, and limitations on ultimate issue testimony are defined.
- The article clarifies the distinction between clinical decision-making and legal proof standards, and discusses res judicata in family court.
Conclusions:
- Understanding the legal framework for expert testimony is vital for effective child sexual abuse litigation.
- Case law provides guidance on the appropriate use and limitations of expert evidence.
- Adherence to legal standards ensures fairness and accuracy in judicial proceedings involving child sexual abuse allegations.