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State v. Liddell

Citations

  • 685 P.2d 918
  • 211 Mont. 180
  • 42 A.L.R. 4th 865
  • 1984 Mont. LEXIS 973

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).

Judges: Haswell, Sheehy, Morrison, Shea, Harrison, Weber, Gulbrandson

Read full opinion on CourtListener

Cited by

48 cases in this archive cite this case; the 20 most cited are listed.

Cites

6 cases in this archive are cited by this case.

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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.