People v. D’Antuono, 22 N.Y.3d 564 (2013)
Expert testimony on child sexual abuse is admissible to help jurors understand victims’ unusual behavior, but a complainant’s prior false allegations of sexual abuse are admissible if they suggest a pattern casting substantial doubt on the validity of the charges.
Summary
D’Antuono was convicted of sexual misconduct against a child. The Appellate Division reversed, citing errors in admitting expert testimony and precluding testimony of a witness regarding prior false allegations made by the complainant. The New York Court of Appeals affirmed, holding that while general expert testimony on child sexual abuse is permissible, precluding the testimony of a witness regarding the complainant’s prior false allegations of sexual abuse was reversible error, especially given the lack of corroborating evidence. The court reasoned that such testimony was relevant to the complainant’s credibility and the defense’s claim of false accusation.
Facts
The defendant was accused of sexually abusing his step-granddaughter in 2006 and 2007. The complainant testified that the abuse began in fourth grade while her mother was at work. The mother testified that she discovered the abuse after finding the complainant crying. Sex toys and pornographic videos were found in the defendant’s room. A doctor testified that the complainant’s hymen was intact. The People presented expert testimony on child sexual abuse. Four witnesses testified that the complainant had a poor reputation for honesty. The defense sought to introduce testimony from Martinez, who the complainant had previously accused of sexual abuse, but the trial court disallowed it.
Procedural History
The defendant was convicted of course of sexual conduct against a child in the second degree and endangering the welfare of a child. The Appellate Division reversed the conviction and ordered a new trial, finding that the trial court erred in precluding Martinez’s testimony and in permitting the prosecutor to adduce testimony from the People’s child abuse expert. The People appealed to the New York Court of Appeals.
Issue(s)
1. Whether the trial court erred in allowing the expert to testify about how an adult sexual abuser may act to gain the compliance of a child victim without using threats or force.
2. Whether the trial court erred in precluding Martinez’s testimony regarding the complainant’s prior allegations of sexual abuse against him.
Holding
1. No, because expert testimony regarding the behavior of sexual abusers is permissible as helpful for the jury to understand victims’ unusual behavior, so long as the expert speaks in general terms and does not refer to the specific facts of the case.
2. Yes, because evidence of a complainant’s prior false allegations of sexual abuse is admissible if the prior allegations “suggest a pattern casting substantial doubt on the validity of the charges” (People v Mandel, 48 NY2d 952, 953 [1979]).
Court’s Reasoning
The Court of Appeals held that expert testimony is admissible if it helps to “clarify an issue calling for professional or technical knowledge, possessed by the expert and beyond the ken of the typical juror” (De Long v County of Erie, 60 NY2d 296, 307 [1983]). Expert testimony on child sexual abuse is admissible to help jurors understand victims’ unusual behavior. However, the Court agreed with the Appellate Division that the proffered testimony of Martinez should have been permitted. Evidence of a complainant’s prior false allegations of sexual abuse is admissible if the prior allegations “suggest a pattern casting substantial doubt on the validity of the charges” (People v Mandel, 48 NY2d 952, 953 [1979]). The Court noted the lack of corroborating evidence and the acquittal on the top count, indicating the jury’s potential skepticism. Thus, precluding Martinez’s testimony was not harmless error. The Court stated, “These statements opened the door to Martinez’s rebuttal, which, if believed, suggested that the testimony of the complainant and her mother were not credible.”