State v. Hall

I agree with the Court of Appeals that the evidence in question was a proper subject for expert testimony. See State v. Hall, 98 N.C. App. 1, 7-8, 390 S.E.2d 169, 172-73 (1990). Most jurisdictions apparently allow such evidence. See State v. Strickland, 96 N.C. App. 642, 646-47, 387 S.E.2d 62, 65 (1990). It clearly has some “tendency to make the existence of [a] fact that is of consequence to the determination of the action [i.e., the alleged rape] more probable . . . than it would be without the evidence,” and it thus meets the statutory test for relevancy. N.C.G.S. § 8C-1, Rule 401 (1988).…