State v. Robins
Annotate this CaseAfter a jury trial, Defendant was convicted of sexual assault, incest, and attempted sexual intercourse without consent. The victim was thirteen years old during the abuse and fourteen at the time of trial. During trial, the court allowed a child sex abuse expert to testify, but the expert did not discuss the specifics of Defendant's case and did not offer an opinion of whether the victim had been abused. Defendant appealed, contending that the expert's testimony improperly invaded the jury's obligation to assess the victim's credibility. The Supreme Court affirmed, holding (1) the expert's testimony did not impinge upon the jury's obligation to ultimately decide the victim's credibility; and (2) moreover, the district court alleviated any concern of unfair prejudice by giving the jury a cautionary instruction before Defendant testified.
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