Split Md. high court allows behavior testimony in sex abuse cases

...In its ruling, the majority noted that character testimony regarding a defendant’s peacefulness and truthfulness are admissible when facing charges of assault and fraud. Likewise, a defendant’s appropriateness toward children may be admitted when he or she stands accused of sexually abusing youngsters, the majority added.

But Judge Michele D. Hotten disagreed, saying the analogy does not apply to the “particularly insidious” behavior of child sexual abusers.

“Evidence of appropriate behavior or conduct with children, unlike character for truthfulness or peacefulness in a fraud or assault investigation, adds nothing to a child sex abuse prosecution, because of the nature of the allegations,” Hotten wrote in an opinion Judge Shirley M. Watts joined.

“These types of sexual predators often hide in plain sight,” Hotten added. “They blend into the community and often stand in trust relationships – coaches, clergy, teachers, physicians, or family members – with their victims. They groom victims through these relationships and skillfully manipulate a child into a situation where he or she can be more readily sexually abused and is simultaneously less likely to disclose.”..

https://thedailyrecord.com/2020/08/20/split-md-high-court-allows-behavior-testimony-in-sex-abuse-cases/?utm_term=Split%20Md.%20high%20court%20allows%20behavior%20testimony%20in%20sex%20abuse%20cases%2526nbsp%3B&utm_campaign=Lexington%20Market%20development%20hits%20milestone&utm_content=email&utm_source=Act-On+Software&utm_medium=email