Commonwealth v. Allison

OPINION

ZAPPALA, Justice.

We granted allocatur to address the issue of whether the trial court erred in allowing a lay person to testify as to the condition of a rape victim’s hymen. We find that the trial court abused its discretion in admitting such testimony. Therefore, we vacate the judgment of sentence and remand for a new trial.

Following a jury trial, Appellant, Donald R. Allison, was convicted of statutory rape, involuntary deviate sexual intercourse, and aggravated indecent assault. Appellant’s motion for a new trial and arrest of judgment was denied and he was sentenced to an aggregate…