In 2012, defendant’s
then 8-year-old stepdaughter reported that he had sexually assaulted her on
three separate occasions at his home. He was charged with three counts of
second-degree criminal sexual conduct. During trial, the prosecutor called an
expert in the field of child sexual abuse and disclosure to opine about the
broad range of behaviors exhibited by child abuse victims. After admitting on
cross-examination that children can lie and manipulate, the expert testified on
redirect examination (over defense counsel’s objections) about the low rate of
false reports of sexual abuse by children. The jury convicted defendant as charged.
The Court of Appeals affirmed in an unpublished decision, and subsequently denied
defendant’s motion for reconsideration. The Supreme Court has directed oral
argument on defendant’s application for leave to appeal to address: (1) whether
the trial court abused its discretion by allowing expert testimony on redirect
about the rate of false reports of sexual abuse by children, see People v Peterson, 450 Mich 349 (1995),
in order to rebut testimony elicited on cross-examination that children can lie
and manipulate; and, if so, (2) whether the error was harmless. This case will
be heard at the same session as People v Brandon
James Harbison (No. 157404).