Pennsylvania to Allow Expert Testimony in Sex Abuse Trials

By Jessica Tully
Democrat and Chronicle
June 30, 2012

http://www.democratandchronicle.com/usatoday/article/55920378?odyssey=mod|newswell|text|Local%20News|p

Pennsylvania Gov. Tom Corbett signed a bill that will allow expert witness testimony in sex abuse trials held in the state. / Bradley C. Bower, AP

The recent high-profile child sexual abuse court cases involving former Penn State assistant football coach Jerry Sandusky and Philadelphia Catholic Church officials had a missing element unique to Pennsylvania.

During each of those trials, state law did not permit expert witnesses to testify about sexual abuse.

One week after the verdicts in those cases, Pennsylvania Gov. Tom Corbett, a Republican, signed a bill into law today that makes the state the last in the nation to allow such testimony. The law will take effect in 60 days.

The law could come into play if prosecutors file additional charges against Sandusky or the Archdiocese of Philadelphia, said State Rep. Cherelle L. Parker, D-Philadelphia, who began working on this bill in 2006. Parker said she thought it was "unjust and unfair" that such expert testimony was not allowed. The bill took about six years to pass through the House and Senate because case law, or rules established from previous cases, forbid expert testimony in the state, Parker said.

Parker said allowing experts to testify about the nature of sexual abuse is "a vehicle for jury education."

"When it comes time for juries to deliberate in cases of sexual assault, without a proper knowledge about commonalities associated with victim material, jurors could bring in biases or preconceived notions about how victims are supposed to act, specifically that they should immediately report the incident," Parker said. "The fact of the matter is, when you talk to experts, they will tell you that nothing is further from the truth."

Robert Del Greco, a Pittsburgh-based attorney who has opposed the legislation, said allowing experts to testify about sexual abuse unfairly bolsters the testimony of alleged victims. He said the legislation that Corbett signed is "usurping the jury."

"We in the defense bar are suspect and opposed to any opinions given by anyone whatsoever that essentially comments on the credibility of a witness," Del Greco said. "If a jury hears a professional witness testify about the credibility of someone, they are inclined to believe that person."

Diane Moyer, legal director of the Pennsylvania Coalition Against Rape, said the expert witnesses will be able to explain to jurors that it is not uncommon for victims of sexual abuse to take years to come forward to authorities or to maintain contact with the individual who sexually abused them.

Moyer said that during Sandusky's trial, jurors might have thought it was abnormal that the man referred to as Victim 6 sent Sandusky a Father's Day card in 2009.

"You cannot predict how people will respond to trauma or how people deal with it," Moyer said. "The offenders seem to have most of the rights in sexual abuse cases, and this bill is leveling out the playing field."