· 7/17/2019
Lammers v. S.D. Game, Fish & Parks
Citations
- 2019 S.D. 44
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- testimony of doctor, psychiatric nurse, and psychological counselor that victim had symptoms of rape trauma syndrome held admissible
- Although rape trauma syndrome is a relatively new psychiatric development “the presence of rape trauma syndrome is detectable and reliable as evidence that a forcible assault did take place.”
- court has no authority to compel a witness to sit for a psychiatric examination
- on issue of consent, expert’s testimony that rape caused PTSD admissible
- rape trauma syndrome evidence on the issue of consent held admissible
- “Psychiatric testimony [regarding PTSS and RTS] is admissible to aid a jury in determining whether there was consent to engage in a sexual act which all parties agree occurred. It remains up to the jury to determine whether the evidence is credible.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.