State v. Walton, 237 N.C. App. 89 (2014)

No Error
  • Both an emergency room nurse and a doctor testified as expert witnesses in a criminal trial resulting in a conviction of second degree kidnapping and first degree sexual offense. Testimony describing physical evidence observed by the treating experts was consistent with allegations of abuse is not opinion testimony regarding the victim’s credibility but is instead testimony of the experts’ diagnosis based on the experts’ examination.
  • Although the victim in this action was not a child, this opinion discusses expert testimony in child sexual abuse prosecutions, which upon a proper foundation, allows expert testimony regarding characteristics of sexually abused children and whether the child victim exhibits symptoms consistent with those characteristics is admissible.


Criminal Cases with Application to Child Welfare
Expert Testimony
Sexual Offense
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