State v. Hall

406 N.W.2d 503, 1987 Minn. LEXIS 766
CourtSupreme Court of Minnesota
DecidedMay 29, 1987
DocketCX-86-374
StatusPublished
Cited by39 cases

This text of 406 N.W.2d 503 (State v. Hall) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hall, 406 N.W.2d 503, 1987 Minn. LEXIS 766 (Mich. 1987).

Opinions

AMDAHL, Chief Justice.

On October 25, 1985, a jury found respondent Mark Steven Hall guilty of criminal sexual conduct in the first degree, Minn.Stat.. § 609.342(b) (1984); Hall was sentenced to a 43-month term of imprisonment. The Court of Appeals reversed Hall’s conviction and remanded for a new trial on the ground that the trial court committed reversible error by admitting expert testimony concerning the common behavioral characteristics of sexually abused adolescents. State v. Hall, 392 N.W.2d 285 (Minn.App.1986). We granted the state’s petition for further review to determine whether, under the facts of this case, the admission of such expert testimony was reversible error. We reverse and reinstate the judgment of conviction.

On June 28,1985, Hall sexually assaulted the complainant; at that time, the complainant was 14 years old and Hall was 30 [504]*504years old. On the day of the assault, the complainant was babysitting for the Halls, as she had been doing on an almost daily basis for the prior month. Around 8 p.m. that evening, Mark Hall came home and put his children to bed; meanwhile, the complainant, expecting that Hall would take her home, collected her purse and shoes and sat on a couch. After Hall had put his children to bed, he came into the living room where the complainant was seated, grabbed her around the wrists, and took her into his bedroom. As he was taking the complainant into the bedroom, Hall told her to be quiet or he would kill her. Once inside the bedroom, Hall sexually assaulted the complainant; the sexual assault included an act of sexual penetration. Either during or immediately after the assault, Hall told the complainant that if she told anyone about the incident, he had 46 acres behind his house and her body would never be found. Hall then took the complainant home; she did not immediately report the assault.

The testimony at trial indicates that during the weeks following the assault, the complainant told some of her friends about the assault; however, none of these people nor the complainant reported the assault to the police. Also, in the weeks following the assault, the complainant continued to babysit for the Halls.

About 1 month after the assault, the complainant was again babysitting for the Halls. During the evening, Hall returned home with two friends. Prior to their leaving, Hall said something to the complainant which made her fear that, she might be assaulted again. Shortly after Hall and his friends had left, the complainant called her sister and told her about the earlier assault and her fear of being assaulted again. The complainant’s sister picked up the complainant and drove her home. The police were then notified.

At trial, the complainant testified that she did not immediately report the June 28 assault because she was scared and thought that Hall meant what he said about killing her. She also testified that she continued to babysit for the Halls because she was afraid that if she stopped, Hall would think she had told someone about the assault.

Mark Hall testified at trial. He denied sexually assaulting the complainant, and he claimed that on the evening of June 28, 1985, from 8 p.m. until 9:30 p.m., he had been at the restaurant where his wife was working. Hall’s wife also testified that Hall was at the restaurant that night from 8 until 9:30. Another employee of the restaurant also testified that she remembered seeing Hall in the restaurant at around 8:30 p.m. on June 28.

The concern in this case is directed toward the testimony of Dr. Clare Bell, a clinical psychologist at the Range Mental Health Center. Over defense objection, the trial court allowed Dr. Bell, an expert in the area of sexual abuse, to testify. Dr. Bell testified that experts are able to identify behavioral characteristics commonly exhibited by sexually abused adolescents. Dr. Bell testified that one of the characteristics displayed by an adolescent sexual abuse victim is a delay in reporting; the principal reason for the delay, she stated, is the victim’s fear of being harmed. Dr. Bell also testified that when the victim knows the assailant, it is not uncommon for the victim to have continued contact with the assailant; one of the reasons for the continued contact, stated Dr. Bell, is the victim’s fear of retaliation if she avoids the assailant.

The main issue is whether the trial court committed reversible error by admitting the testimony of Dr. Bell. We hold that under the facts of this case, the trial court’s admission of this testimony did not constitute an abuse of discretion.

The admissibility of expert testimony concerning the characteristics typically displayed by victims of sexual assault has been addressed by this court on three previous occasions. In State v. Saldana, 324 N.W.2d 227 (Minn.1982), and its companion case, State v. McGee, 324 N.W.2d 232 (Minn.1982), we held that the admission of such testimony was error. In both Salda-na and McGee, the victim of the sexual assault was an adult, and the expert in [505]*505each case discussed the stages a rape victim typically goes through, i.e., explained “Rape trauma syndrome.” We reversed the convictions in both cases, holding that it was reversible error to allow an expert to testify about the characteristics typically displayed by sexual assault victims and to give an opinion either that the complainant had been raped (Saldana) or that the complainant’s behavior after the assault was consistent with rape trauma syndrome (McGee).

In State v. Myers, 359 N.W.2d 604 (Minn.1984), we held that it is within the trial court’s discretion to admit expert testimony describing the traits and characteristics typically observed in sexually abused children. In Myers, the victim was 7 years old. The expert was allowed to give an opinion that the complainant’s allegations were truthful; we allowed this testimony not because the complainant was a child, but because the defendant had opened the door to this opinion testimony. In fact, we commented that as a general rule, “we would reject expert opinion testimony regarding the truth or falsity of a witness’ allegations about a crime * * Myers, 359 N.W.2d at 611.

This case, in terms of the age of the complainant, falls between Saldana and Myers; here the complainant, at the time of the assault and at trial, was a 14-year-old adolescent — neither an adult as in Sal-dana, nor a child as in Myers. This case is also different from Saldana and Myers in that the testimony of Dr. Bell was limited in scope. Dr. Bell did identify several specific characteristics commonly exhibited by adolescent victims of sexual assault who are abused outside the family context but by someone they knew; however, the focus of her testimony was that when the victim is an adolescent, neither a delay in reporting nor continued contact with the assailant ís unusual. Dr. Bell had not examined the complainant, so she did not attempt to describe the characteristics or conditions observed in or exhibited by the complainant.

The admissibility of expert testimony lies within the sound discretion of the trial court. State v. Helterbridle,

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Bluebook (online)
406 N.W.2d 503, 1987 Minn. LEXIS 766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hall-minn-1987.