State v. Rogers

Ness, Chief Justice:

Appellant was convicted of committing a lewd act on his ten (10) year old daughter and sentenced to imprisonment for ten (10) years. We reverse.

The trial judge permitted a child psychiatrist to give her opinion that the victim exhibited the behavioral traits of a child who has been sexually abused and to state her belief that the victim had been sexually abused for a number of years. Appellant asserts this was error. We agree.

Evidence of behavioral traits of a sexual abuse child victim may be offered to explain inconsistencies in the behavior of the alleged victim.…