State v. Gerard

Defendant appeals from his convictions for first-degree rape, ORS 163.375, first-degree unlawful sexual penetration, ORS 163.411, and first-degree sexual abuse, ORS 163.427. Defendant argues that the trial court erred in granting the state’s motion in limine to prohibit him from introducing evidence concerning his relationship with his stepdaughter, the complainant. The court held that expert testimony was necessary to establish the relevance of such evidence to the issue of whether or not abuse had occurred. We review decisions regarding the necessity of expert testimony to establish a…