social worker’s testimony that child’s behavior “consistent with abuse” was reversible error
How later courts described this case
- social worker’s testimony that child’s behavior “consistent with abuse” was reversible error
- admission of twenty-two-year-old conviction held reversible error
- use of CSAAS to prove abuse and child’s subsequent behavior
Written by the judges who cited it.
Later courts went against this
Overruled on other grounds by Stringer v. Commonwealth, 1997 Ky. LEXIS 149 (1997)
In Brown v. Commonwealth, we held that the trial court committed reversible error in admitting a twenty-two (22) year old prior conviction for storehouse breaking. 812 S.W.2d 502, 503 (Ky.1991), overruled on other grounds by Stringer v. Commonwealth, 956 S.W.2d 883 (Ky.1997).
The opinion
SPAIN, Justice,
concurring in part and dissenting in part.
While I join with the majority in reversing for a new trial with regard to the admission for impeachment purposes of the twenty-two-year-old prior felony conviction and with regard to the admission of testimony regarding the “Child Sexual Abuse Accommodation Syndrome,” I disagree with the holding that it was error to admit the testimony of Dr. Georgia Tye. I am of the opinion that, as a medical expert, Dr. Tye was properly permitted to testify regarding her physical examination of the victim and her opinion as to the age of scar tissue, based upon her expertise and the case history related by the patient at the time of the physical examination in the emergency room.