McQuirk v. State

THOMPSON, Judge.

Scott McQuirk appeals his conviction for sexual battery1 on the daughter of his former girlfriend. Testimony established that the victim was 19 at the time of the crime, but because she is mildly retarded, she perceives reality as a 10 to 12 year old. We affirm.

On appeal, McQuirk raised three issues concerning the admission of testimony at trial: 1) whether the trial court erred in allowing two experts to testify to the victim’s credibility that, in their opinion, the victim was “very capable of telling the truth;” 2) whether the trial court erred in restricting the…