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State v. McGee

324 N.W.2d 232, 1982 Minn. LEXIS 1767
CourtSupreme Court of Minnesota
DecidedAugust 31, 1982
Docket81-547
StatusPublished
Cited by32 cases

This text of 324 N.W.2d 232 (State v. McGee) 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. McGee, 324 N.W.2d 232, 1982 Minn. LEXIS 1767 (Mich. 1982).

Opinions

OTIS, Justice.

This is an appeal from a conviction for criminal sexual conduct in the third degree in violation of Minn. Stat. § 609.344(c) (1980). We reverse.

By way of rebutting appellant’s claim that the complainant consented to sexual intercourse, the state introduced the expert testimony of a physician which included a description of the so-called “rape trauma syndrome.”

The doctor was permitted to render his opinion that complainant’s behavior, subsequent to the sexual encounter, consisting of anxiety, nightmares, trouble sleeping and trouble concentrating, and fear of being followed, were symptoms consistent with rape trauma syndrome.

We hold that the introduction of this evidence was fundamental error and sufficiently prejudicial to require a new trial for the reasons set forth in State v. Saldana, 324 N.W.2d 227 (Minn.1982).

Reversed and remanded.

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Bluebook (online)
324 N.W.2d 232, 1982 Minn. LEXIS 1767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcgee-minn-1982.