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· 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).

Read full opinion on CourtListener

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.