Opinion

State v. Liddell

  • 211 Mont. 180
  • 685 P.2d 918
  • 42 A.L.R. 4th 865
  • 1984 Mont. LEXIS 973
Court
Montana Supreme Court
Filed
Jul 10, 1984
Status
Published
Author
Morrison
On the bench
Haswell, Sheehy, Morrison, Shea, Harrison, Weber, Gulbrandson
Cited by
53 cases

Although rape trauma syndrome is a relatively new psychiatric development “the presence of rape trauma syndrome is detectable and reliable as evidence that a forcible assault did take place.”

How later courts described this case

  • Although rape trauma syndrome is a relatively new psychiatric development “the presence of rape trauma syndrome is detectable and reliable as evidence that a forcible assault did take place.”
  • “Psychiatric testimony [regarding PTSS and RTS] is admissible to aid a jury in determining whether there was consent to engage in a sexual act which all parties agree occurred. It remains up to the jury to determine whether the evidence is credible.”
  • testimony of doctor, psychiatric nurse, and psychological counselor that victim had symptoms of rape trauma syndrome held admissible
  • on issue of consent, expert’s testimony that rape caused PTSD admissible

Written by the judges who cited it.

The opinion

MR. JUSTICE MORRISON,

respectfully dissenting:

Expert testimony regarding “post rape syndrome” is troublesome. Such testimony seems to be a comment on the credibility of another witness. If it is to be allowed then full opportunity must be accorded the defendant to rebut the testimony. This would necessarily involve permitting a doctor or other qualified person to examine the alleged victim and provide the same opportunity for testimony as is given to the prosecution.

Therefore, I would hold that it was error to deny the defendant an opportunity for an expert examination of the alleged victim, with an opportunity to rebut the testimony offered by the prosecution.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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