State v. Chavez, 241 N.C. App. 562 (Jun. 16, 2015)

In this child sexual abuse case, no error occurred when the medical doctor who examined the victim explained the victim’s normal examination, stating that 95% of children examined for sexual abuse have normal exams and that “it’s more of a surprise when we do find something.” The doctor further testified that a normal exam with little to no signs of penetrating injury could be explained by the “stretchy” nature of the hymen tissue and its ability to heal quickly. For example, she explained, deep tears to the hymen can often heal within three to four months, while superficial tears can heal within a few days to a few weeks. Nor was it error for the doctor to testify that she was made aware of the victim’s “cutting behavior” through the victim’s medical history and that cutting behavior was significant to the doctor because “cutting, unfortunately, is a very common behavior seen in children who have been abused and frequently sexually abused.” The doctor never testified that the victim in fact had been abused. 

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