Hutton v. State

663 A.2d 1289, 339 Md. 480, 1995 Md. LEXIS 120
CourtCourt of Appeals of Maryland
DecidedAugust 28, 1995
DocketNo. 151
StatusPublished
Cited by30 cases

This text of 663 A.2d 1289 (Hutton v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hutton v. State, 663 A.2d 1289, 339 Md. 480, 1995 Md. LEXIS 120 (Md. 1995).

Opinions

BELL, Judge.

We granted certiorari in this case to consider whether expert testimony that the alleged victim of child sexual abuse was suffering from Post Traumatic Stress Disorder (hereinafter, PTSD)1 as a result of being sexually abused, was admissible to prove that the sexual abuse occurred and whether an expert’s testimony that the victim’s PTSD is “not in any way faked,” was, in effect, a comment on the credibility of the [484]*484victim and, as such, invaded the province of the jury.2 Stephen Clarence Hutton, the petitioner, was convicted by a jury in the Circuit Court for Prince George’s County of two counts each of second degree rape, second degree sexual offense, and child abuse, based, in part, upon such testimony. In an unreported opinion, the Court of Special Appeals affirmed the trial court’s allowance of such testimony, holding that State v. Allewalt, 308 Md. 89, 517 A.2d 741 (1986) and Acuna v. State, 332 Md. 65, 629 A.2d 1233 (1993) were controlling. We now reverse.

The facts relevant to the resolution of this case are not in dispute, the parties having agreed to proceed on an agreed statement of facts, pursuant to Maryland Rule 8-501(g).3 The petitioner is the victim’s stepfather, having married her mother in 1984, when the victim was five years old. At the time of trial, the victim was 14 years old and in the 9th grade.

According to the victim, the sexual abuse consisted of sexual intercourse and fellatio, which was initiated by the petitioner when she whs 7 years old, while the family was living in Virginia. It continued, under threat by the petitioner to [485]*485spank her if she told her mother, she said, until she was in the 7th grade, after the family had moved to Prince George’s County. The victim testified that, while she was in the 2nd grade, the petitioner would place a scarf over her eyes, put vaseline between her legs and sometimes on his penis and engage in vaginal intercourse with her. During that year, she reported that she told a classmate about the abuse, who in turn told the principal of her school. In the fall of 1990, when she was in the 7th grade, the victim reported that the petitioner had vaginal intercourse with her and made her perform fellatio on him, two or three times a week. This behavior occurred, she said, when she came home from school.

In her testimony, the victim related that on several occasions she told her mother that she was being abused by the petitioner. She stated that she also reported the abuse to her mother on the day that it last occurred and the police were called four days later. She denied having engaged in sexual activity with anyone other than the petitioner or that her vaginal area had been otherwise injured. The victim testified that, starting at the age of four or five, she had frequent vaginal infections, and sometimes it would be necessary for the petitioner or her mother to put vaseline on her.

To corroborate the victim’s testimony, the State called, in its case in chief, Gail Jackson, a clinical social worker, whose specialty was working with sexually abused children, and Dr. Nancy Davis, a psychologist with whom Jackson practiced, among others.4 Although she was found qualified as an expert [486]*486in behavioral science relative to the therapeutic treatment of children,5 Jackson was not allowed to offer a diagnosis of, or give an opinion with regard to, PTSD. Instead, she was permitted to enumerate, over the petitioner’s objection, the behavioral characteristics of children who have been sexually abused. Having indicated that she had seen at least 600 victims of child sexual abuse in her career, she testified, in particular, that victims of child sexual abuse usually have sleep disorders—disturbances—usually nightmares and “feelings of shame, of guilt, a sense of responsibility.” She also characterized them as being prone to anger and being emotionally detached, “being flat in their affect,” and having poor relationships. She stated that such children “get very confused about time” and many of them have fears, especially of the alleged perpetrator. Further, Jackson noted that victims of sexual abuse may experience physical ailments, “complaints of headaches, stomach aches in which a lot of it is anxiety.” Another characteristic to which Jackson testified was the avoidance of relationships with peers and activity at school. Many times, [487]*487according to Jackson, this behavior is indicative of shame. “Either they will be totally withdrawn from someone of the opposite sex or they will be promiscuous.” Poor school performance is another characteristic to which Jackson referred—“This stems from the child being preoccupied.” Finally, she testified that while many may appear to be somewhat aloof and detached from their feelings, “many of them are hyper vigilant, which means that they are startled very easily. Always on guard, taking in their whole surrounding because they had to be on guard.”

Jackson was then allowed to relate the behavioral characteristics she identified as common to child sexual abuse victims to her client, the victim in this case, whom she had seen in one-hour sessions approximately 30 to 35 times during a period of a little more than a year. In that regard, Jackson testified that the victim was very depressed, withdrawn, fearful, and sad. In addition, she had a lot of guilt and was “emotionally very detached.” She had, Jackson reported, a “significant number of nightmares. Dreaming of someone chasing her, not being able to see their face and that is very, very common among victims I have worked with of all ages.” The victim, according to Jackson, exhibited “a lot of ambivalence” toward her stepfather and was quite confused. Moreover, she had poor grades and was having difficulty getting along with the other children at school and, Jackson added, she was afraid of men.

Jackson conceded, on cross-examination, that these characteristics were consistent not only with sexual abuse but with the existence of other kinds of “stress disorders,” as well. She also admitted that, in the therapeutic setting, the “credibility of the person [who is] talking to you is probably of the utmost importance ... that is whether the person is telling a lie or has a reason to be in there making up a story, something like that[.]” Thereupon, on redirect examination, the State inquired into how Jackson assessed the credibility of alleged victims of sexual abuse:

[488]*488Q. How is it that you as [the victim’s] therapist assess not with regard to her but in any case how do you assess credibility? How can you tell malingering?
A. The consistency for which they give me the basic information. An individual who is able to consistently give me that something happened, I don’t so much look for times as I look for the consistency with what happened and over time there is that consistency. I believe that that particular individual is telling me the truth.

Dr. Davis was called as an expert in clinical psychology with a specialty in child sexual abuse. Dr. Davis did no psychological testing of the victim. Her conclusions were reached on the basis of having spoken to the victim when she came into the office to see Ms. Jackson, having reviewed Ms. Jackson’s notes and records and the medical report from the Prince George’s Sexual Assault Center, and having discussed the case with Ms. Jackson.

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Cite This Page — Counsel Stack

Bluebook (online)
663 A.2d 1289, 339 Md. 480, 1995 Md. LEXIS 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hutton-v-state-md-1995.