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Experienced Enough to Admit, Despite Degree
Volume 2, Issue 7 -- Published: Sunday, May 31, 1998 -- Last Updated: Monday, Mar 11, 2002

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Issues: Evidence

In two recent cases involving sexual abuse of a minor, the courts have allowed expert testimony from witnesses based on their experience in the field of child psychology/social work—disregarding their lack of higher degrees.
In Henry, the court allowed expert testimony from a psychotherapist with a specialty in child sexual abuse. At issue was whether Coles Badger could give opinion testimony in regard to the diagnosis of post traumatic stress disorder.
The South Carolina appellate court allowed her testimony to stand, ruling that "a witness is competent as an expert provided the witness has acquired by reason of study or experience or both such knowledge and skill in a business, profession, or science that she is better qualified than the jury to form an opinion on the particular subject of testimony."
Acknowledging her master's degree in social work and eleven years of sexual abuse counseling, the Court added that any deficiency in the amount or quality of Badger's education, training, or experience went to the weight of her testimony, not to its admissibility. There is no direct requirement concerning how a witness' knowledge or skill must be acquired.
In Floyd, a case Involving defendant's aggravated sexual assault of his nine-year-old nephew, the prosecution relied on the expert opinion of Dr. Jan Lamb, a pediatrician who specialized in child maltreatment and abuse issues. The Court of Appeals affirmed the trial courts determination that a pediatrician was qualified as an expert to testify regarding sexual abuse accommodation syndrome and posttraumatic stress disorder. The Court of Appeals added that the appellant's failure to make a timely objection and the continued cross examination of the witness, the appellant cured any error concerning the witness' qualifications.

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