 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Rivera v. State10/30/1992
he felt "dirty." The next day, she wrote a letter to her sister, informing she had been raped by Rivera. She asked her sister to throw the letter away after reading it because she was afraid someone else would read it and find out about the rape. The day after the incident, MB told a friend that she had been raped by Rivera. About a week later, she called the sister to whom she had written the letter and discussed the rape with her. At that time, MB told her sister she had not told anyone else in the family because she was afraid it would cause problems with everyone and her aunt would make her and her father move out of the house where they were living. The charges of sexual assault in the first degree and indecent liberties with a minor then were filed alleging the violation of MB and later were consolidated with the same charges arising out of the complaint of BJL. Additional facts will be included in connection with the discussion of issues asserted by Rivera.
We first address the issue of testimony as to the truthfulness of the victims by a clinical psychologist, a social worker at the hospital, and the high school counselor. Rivera's claims are far-ranging, although his reference specifically to Bennett v. State, 794 P.2d 879 (Wyo. 1990), would seem to focus upon testimony of an opinion as to Rivera's guilt. The claims seem to include an attack upon admissibility of the evidence encompassing the rape trauma syndrome, move to argument about the testimony of experts amounting to a comment on the veracity of the victims, and then culminate in the claim that the testimony constituted a comment upon Rivera's guilt. None of these contentions are sustained by the record in the case or precedent in Wyoming.
Rivera did file a motion in limine to suppress testimony concerning "Post-Traumatic Stress Syndrome" (the rape-trauma syndrome) which was denied. The witnesses whom Rivera includes in this asserted issue testified in the following order: the police officer; the hospital social worker; an emergency medical technician at the hospital; the nurse who assisted in BJL's medical examination; the examining physician; the victims; the school counselor; and the clinical psychologist. The police officer testified that he had investigated 250 to 300 rapes and that absence of physical injuries was not unusual. He also testified about his observation of the way victims behaved, and how BJL acted in his presence at the initiation of the investigation. The hospital social worker testified about the reactions in general of rape victims as she had observed them. She also testified as to BJL's behavior and demeanor before, during, and following the medical examination that was performed. The testimony of the emergency medical technician and the examining nurse, respectively, was of the same tenor. The examining physician stated BJL's demeanor was "flat," somewhat depressed, and tearful at times. Of course, the testimony of the victims included not only the actual events of the sexual assaults but, in addition, their reactions and feelings with respect to what had occurred. The high school crisis counselor testified about MB's emotional state while discussing the assault upon her and her reactions to that assault with the counselor. The clinical psychologist testified as an expert, discussing the symptoms of rape victims in general, and the stages and the timing of the stages that victims of sexual assault go through. He also testified it is not unusual for female victims of sexual assaults not to report the sexual assaults and discussed their feelings of shame and their feelings that the assault may have been caused by some conduct on their part, that is, it may have been their fault. None of these witnesses expressed
Page 1 2 3 4 5 6 7 8 9 10 11 Wyoming DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|