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Evidence keyed to Fisher
State v. Batangan
Facts
Defendant’s daughter (Victim) reported to school authorities that Defendant had physically abused her; no evidence of physical injury was found on Victim. Victim then admitted that she had lied about the physical abuse, but the claimed that Defendant had performed sexual acts on her four of five times. At Defendant’s first trial, he was acquitted of a rape charge and a hung jury resulted in a mistrial as to a charge of sexual abuse. At Defendant’s second trial for sexual abuse, Dr. John Bond (Dr. Bond), who was a clinical psychologist with a subspecialty in sexually abused children’s treatment, was called by the prosecution to testify, and allowed to do so. Dr. Bond testified that, following his evaluation of Victim, it was his opinion that Victim was believable and that she had been abused by Defendant. Dr. Bond also testified as to Victim’s personality and intelligence, and offered some general testimony concerning the behaviors of sex abuse victims. Defendant was convicted, and appeals, citing the admission of Dr. Bond’s testimony.
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