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Title: Crime/Sex Offenses/Court Cases - Legal Motion to Exclude Evidence of Penile Plethysmography The motion summarizes the Daubert ruling, extensively quotes to the literature on the subject of sexual behavior assessment and collects the cases which disallow such evidence in legal proceedings.
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Legal motion to exclude evidence of penile plethysmography and other "not a
pedophile" opinion testimony in a civil case
Evidence of penile plethysmography and other sexual behavior
tests are inadmissible in court.
Topic Home
Page:
Resources for Victims
of Sexual Abuse
Topic
Feature: Remedies
for Victims of Sexual Abuse
Topic
Feature: Statutes of
Limitation for Survivors
Susan K. Smith
David M. Moore
Attorneys at Law
Mediation, Collaboration
Victims' Remedies
Injury Cases
Smith & Moore, LLC
www.SmithMooreLLC.com
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Victims Law
Evidence of Penile Plethysmography,
Psychological Profiles, Inventories and
Other "Not a Pedophile" Character and
Opinion Evidence Offered on Behalf
of a Defendant in a Child Sexual Abuse
Case is Inadmissible Under
Daubert v. Merrell Dow Pharmaceutical
By Susan K. Smith, Atty.*
Copyright ©1998 Susan K. Smith, Atty. All rights
reserved.
Abstract: The memorandum reviews the standard of admissibility for
scientific evidence as set forth in Daubert v. Merrell Dow
Pharmaceuticals, 509 U.S. 579, 113 S. Ct. 2786, 125 L.Ed.2d 469 (1993) and
adopted in State v. Porter, 241 Conn. 57, 698 A.2d 739 (1997). The
memorandum reviews the evidence offered by the defendant in a civil child sexual abuse and
argues that the defense expert's conclusions that the defendant is "not a
pedophile" based on the results of a sexual behaviors assessment is inadmissible
under Daubert. The author argues that the evidence should be
excluded either due
to a lack of scientific reliability of the tests in the diagnostic context (penile
plethysmography), or for a failure to meet Daubert's "fit" requirement (i.e.
MMPI-2 might be scientifically valid but lacks correlation to diagnosis of pedophilia).
The memorandum quotes the scientific literature extensively and collects the known cases
precluding the admission of penile plethysmography evidence in legal proceedings. The
author also argues that the evidence should be excluded as impermissible character
evidence.
This memorandum was originally filed as a motion in limine before trial of a
civil child sexual abuse case brought by an adult survivor. The names of the
parties
and any other information which might lead to the identification of the Defendant
have been excised in order to comply with a confidentiality agreement
reached between the parties as part of a pre-trial resolution.
1. Introduction
The Plaintiff, now an adult, alleges that he was
abused by the Defendant John Roe, M.D., who was then a physician at [City] Hospital. Dr.
Roe treated the Plaintiff when he was a young child.
The crux of Plaintiff's claim is that he was
sexually abused by Dr. Roe who had a pattern of abusing young children and adolescents
with whom he was in contact under the guise that he was performing medical services under
the auspices of the Hospital.
The Defendant disclosed as his expert John M.W.
Bradford, M.B. [M.D], Director of the Sexual Behaviours Clinic of the Royal Ottawa
Hospital in Ontario Canada. Dr. Bradford examined Dr. Roe in Ottawa and subjected him to a
battery of tests, including the penile plethysmography (or tumescence) |
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The | motion | summarizes | the | Daubert | ruling, | extensively | quotes | to | the | literature | on | the | subject | of | sexual | behavior | assessment | and | collects | the | cases | which | disallow | such | evidence | in | legal | proceedings. |
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http://www.smith-lawfirm.com/Scientific_Evidence_Brief.html
Legal Motion to Exclude Evidence of Penile Plethysmography 2008 September
dvd rental
dvd
The motion summarizes the Daubert ruling, extensively quotes to the literature on the subject of sexual behavior assessment and collects the cases which disallow such evidence in legal proceedings.
Rules
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