State v. Althof

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Evidence
  • Date Filed: 08-26-2015
  • Case #: A153292
  • Judge(s)/Court Below: Lagesen, P.J. for the Court; Flynn, J.; & De Muniz, S.J.
  • Full Text Opinion

Under OEC 702, a detective will qualify as an expert to give testimony at trial where the detective has extensive background, knowledge and experience in the area of delayed reporting of sexual abuse even though he holds no advanced degree in that area.

Defendant was convicted of sexual abuse in the first degree and unlawful penetration for the sexual abuse of his child. The child disclosed the abuse several years after it had occurred because the child perceived that it may happen to her sibling. At trial, the court allowed the detective in the case to testify to the disclosure as well as why some victims of sexual abuse disclose several years after the abuse took pace. On appeal, Defendant argued the court erred in allowing the detective to testify as an expert. The Court held that because the detective had worked in the field of sexual abuse investigation involving delayed reporting, had several trainings on the subject matter, and had investigated ten such cases in a little over a year as a detective for over a year, he qualified as an expert under OEC 702 because of his knowledge, experience and training. Affirmed.

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