State v. Register, 206 N.C. App. 629 (Sept. 7, 2010)

The trial court erred by denying the defendant’s motion to strike a response by the State’s expert witness in a child sexual abuse case. During cross-examination, defense counsel asked whether the victim told the expert that she had been penetrated. The expert responded: “She described the rubbing; and, I would say that, as far as vaginal penetration, since the oral penetration — well, I'm not discussing that. I mean, I felt that that was very graphic and believable.” The testimony was not responsive to the question and was opinion testimony on the victim’s credibility. The court rejected the State’s argument that the statement was offered as a basis of the expert’s opinion. However, the court found that the error was harmless.