United States v. Houser

36 M.J. 392, 1993 CMA LEXIS 50, 1993 WL 117542
CourtUnited States Court of Military Appeals
DecidedApril 19, 1993
DocketNo. 67,326; CM 8901522
StatusPublished
Cited by178 cases

This text of 36 M.J. 392 (United States v. Houser) is published on Counsel Stack Legal Research, covering United States Court of Military Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Houser, 36 M.J. 392, 1993 CMA LEXIS 50, 1993 WL 117542 (cma 1993).

Opinions

Opinion of the Court

CRAWFORD, Judge:

The issue in this case is whether the military judge erred in overruling a defense objection to the testimony of a government expert on rape trauma, when the expert had not interviewed the victim.

Appellant was convicted by general court-martial composed of officer and enlisted members of rape and adultery, in violation of Articles 120 and 134, Uniform Code of Military Justice, 10 USC §§ 920 and 934, respectively. He was sentenced to a dishonorable discharge, confinement for 40 years, and total forfeitures. The convening authority reduced the confinement to 30 years and otherwise approved the sentence. The Court of Military Review set aside the findings on adultery and affirmed the remaining findings and the approved sentence.

FACTS

The victim, 15-year-old W, knew appellant’s spouse for 9-10 years and appellant for 5 to 6 years. She stayed with appellant and his family during the first few weeks of August 1988 to care for their children. She looked upon appellant and his spouse as her uncle and aunt.

On the evening of August 6, 1988, appellant’s spouse went out for the evening. W testified that she fell asleep watching TV in the den; and that appellant woke her and asked her why she was asleep. Thereafter, she fell back asleep. She was awakened with appellant on top of her inserting his penis into her vagina. W testified that she told him to get off and tried to push him away, but he pushed harder and penetrated her. Appellant pulled his penis out of W’s vagina only when he heard his spouse’s car pull up outside the home. He immediately ran upstairs and got into the shower.

Mrs. Houser knocked on the door and W got up, unlocked the door, and unlatched the chain to let her in. Mrs. Houser testified that she thought it was unusual that the door was chained. W did not immediately tell Mrs. Houser that she had been raped by appellant. Rather, she waited until appellant and Mrs. Houser had gone to bed and then went to the bathroom to wash herself off. The next morning W told Mrs. Houser what had happened. When confronted, appellant denied raping W both to his spouse and the victim.

In his opening statement civilian defense counsel raised questions concerning the victim’s failure to report and to resist the alleged rape. He further commented that she did not appear anxious. Additionally, he conducted a rigorous cross-examination of W, questioning her about inconsistent acts and statements.

Shortly after this cross-examination, the prosecution offered in rebuttal the testimony of an expert, Dr. Pamela P. Remer, a counseling psychologist and associate professor at the University of Kentucky, to explain rape trauma syndrome to the members. The defense objected to this testimony on the grounds that it “would be more prejudicial than probative.” Defense counsel argued Dr. Remer “has not seen or diagnosed the alleged victim, cannot say that she particularly has any symptoms of rape trauma syndrome.” Moreover, the defense asserted that Dr. Remer’s testimony “can only serve to confuse and mislead the panel.”

Defense counsel went on to argue that “the only evidence that could help the jury is a qualified expert on rape trauma, who [394]*394has studied Ms. [W] and has diagnosed her condition, as consistent with rape trauma____ These charges are too serious to risk the jury deferring to the judgment of an expert who has no meaningful knowledge of this case.” 1

The judge overruled the defense objection and permitted Dr. Remer to testify. After the prosecution questioned Dr. Rem-er about her qualifications, the defense conceded that she was “an expert.”

Dr. Remer testified as to six general stages of a rape trauma model. She labeled the first stage the “pre-rape stage” wherein: “Some of the common myths are things like that the victim is to blame, that rapes are committed by strangers.” She continued:

The major picture under the rape myth is of a stranger coming up to a woman in a dark alley who rapes her at gun point, and the typical rapist is not like that at all. The typical rape is more likely to be by an acquaintance, about 60% of rapes are done by an acquaintance, that is someone. the victim knows. They are more likely to be done indoors than outdoors, and often in the victim’s home, or in someone’s home. And so we don’t have — in lots of cases we don’t have a stranger doing something awful and brutal to a woman with the use of a weapon. Most rapes are [by] someone the victim knows, the threat of force and in a protected place.
[If] it is more than a [sic] just a passing acquaintance, especially if she knows the rapist fairly well, there will usually be a good amount of trust in that relationship, and all of their interactions will be interpreted by the victim within that context of trust____ [I]n acquaintance rapes, when the victim and perpetrator [are] in a trusting relationship, the victim is much less likely to recognize she is in danger, because she will be viewing what happens from the aspect of having trust in this person. So that is one thing that — also if you are in an environment that you deem to be safe, your own home, a friend’s home, ... they are more likely not to recognize that it is a dangerous situation, because you have trust in the situation.
When the attack itself starts, she would then have a period of trying to make sense of what is going on, especially an acquaintance rape, where it is not expected at all, or it is against what she would normally expect from this person. So there would be now and actually throughout a period of — or a lot of confusion on the victim’s part about what is happening to me; and of trying to make sense about that. This is happening at the same time that the victim is trying to figure out what do I do, how do I get myself out of this situation. There may be a period of struggling here for victims. There usually is a point at which the victim makes the decision, or realizes that she is not going to be able to stop the rape____
Q. Might they experience some kind of paralysis or feeling of helplessness or—
A. About 45% of the victims in the recent survey that we did, said that they felt motionless; it is often described as a paralysis, [an] easy way to understand is being overwhelmed with fear and unable to move. And as I said, that coupled with the disassociation and the confusion makes it hard to respond.

Dr. Remer testified that the second stage “is the rape ... itself” and that the third stage is the “crisis stage and it is the immediate period that follows the rape.”

She explained that during the third stage the victim is faced with getting her safety and “how is she going to go about handling the aftermath of the rape.” Because of [395]*395what the victim has read or watched on television or in the movies about victims being “to blame,” it is “difficult to tell anybody.” She continued:

[Y]ictims of acquaintance rapes are much less likely to tell anyone, to tell anyone at all, much less to tell more than one person. And again I think it is because the acquaintance rape doesn’t fit society’s myth of what rape is; and because the victim expects to be blamed for it more, because it doesn’t fit that definition.

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Cite This Page — Counsel Stack

Bluebook (online)
36 M.J. 392, 1993 CMA LEXIS 50, 1993 WL 117542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-houser-cma-1993.