Commonwealth v. Gallagher

OPINION OF THE COURT

FLAHERTY, Justice.

This is an appeal from the order of Superior Court, affirming appellant’s judgment of sentence for involuntary deviate sexual intercourse following a jury trial. The issue is whether the trial court properly permitted expert testimony regarding the victim’s afflication with “rape trauma syndrome” (RTS). We hold that such testimony is inadmissible, and therefore vacate the judgment of sentence and remand for a new trial.

Uncontroverted evidence establishes that on November 26, 1977, an intruder gained entry to the home of the victim by posing as a police…