Experts in Child Sex Cases: Reversible Error in a Recent Case

The recent case, State v. Ryan, presents an issue that keeps our appellate courts busy: the proper scope of expert testimony in child sexual abuse cases. In Ryan, after the child victim reported that the defendant had sexually abused her some two years earlier, she was seen by Dr. Gutman, a pediatrician specializing in child maltreatment and sexual abuse. Following an interview, Gutman performed a physical exam on the child. She observed a deep notch in the child’s hymen but found the child’s anus to be normal. Tests for sexually transmitted diseases revealed the presence of bacterial vaginosis. The defendant was charged with rape, sexual offense, and taking indecent liberties. At trial, Gutman testified that the child had been sexually abused, that she had no indication the child’s story was fictitious or that the child had been coached, and that defendant was the perpetrator. The defendant was found guilty and appealed, asserting that Gutman’s testimony was inadmissible. Conclusions of Sexual Abuse At trial Gutman testified that based upon her training, education, and experience, and her examination of the child, the history given by the child and her physical findings “were consistent with sexual abuse[.]” In her written report, however, she concluded that the child had been “sexually assaulted.” Evaluating this testimony, the court repeated what’s long been the law in North Carolina: An expert may testify that sexual abuse has in fact occurred only if that opinion is based on physical evidence consistent with sexual abuse. However, in the absence of [...]