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26 QLR 497 (2007-2008)
Expert Testimony on Child Sexual Abuse Accommodation Syndrome: How Proper Screening Should Severely Limit Its Admission

handle is hein.journals/qlr26 and id is 507 raw text is: Note EXPERT TESTIMONY ON CHILD SEXUAL ABUSE ACCOMMODATION SYNDROME: How PROPER SCREENING SHOULD SEVERELY LIMIT ITS ADMISSION 1. INTRODUCTION Expert testimony on the subject of Child Sexual Abuse Accommodation Syndrome (CSAAS) occupies an uncertain evidentiary status. The syndrome was formulated with the intention of explaining the typical behavior patterns of sexually abused children. According to the CSAAS framework, the typical sexually abused child progresses through five distinct stages of behavior, from secrecy to helplessness to accommodation to delayed/conflicted disclosure to retraction. CSAAS testimony is often used as a tool in the prosecution of child sexual abuse cases. Expert testimony on the subject is permitted for a range of uses in courts, depending on the jurisdiction. No courts permit CSAAS evidence as substantive proof that abuse has occurred. Expert testimony on the subject, however, is often admitted as relevant to the victim's credibility. Experts are permitted to invoke CSAAS in varying degrees of specificity to explain that a witness's behaviors are consistent (or, not inconsistent) with having been abused. Therefore, contrary to possible misconceptions that jurors may hold about behaviors such as delayed disclosure or recantation, the credibility of a victim who exhibits these behaviors is not necessarily undermined. There are considerable risks associated with the admission of expert testimony about CSAAS in child sexual abuse cases. The evidentiary principles governing the admission of expert testimony require that the testimony be based on reliable theories or techniques, helpful to the trier of fact, and relevant to the circumstances of the case. In addition, like all other evidence, the probative value of the testimony must not be substantially outweighed by its prejudicial effect.

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