(WHERE STATE PRESENTS EVIDENCE
THEREOF) Model Jury charge
You may recall evidence that (NAME) [failed to disclose, or
recanted, or acted or failed to act in a way addressed by the Child Sexual
Abuse Accommodation Syndrome]. In this
respect, Dr. [A], Ph.D., testified on behalf of the State [and Dr. [B],
Ph.D., testified on behalf of the defendant].3 Both witnesses were qualified as experts as
to the Child Sexual Abuse Accommodation Syndrome.4 You may only consider the testimony of these
experts for a limited purpose, as I will explain.
You may not consider Dr. [A]’s
testimony as offering proof that child sexual abuse occurred in this case. [Likewise, you may not consider Dr. [B]’s
testimony as proof that child sexual abuse did not occur]. The Child Sexual Abuse Accommodation Syndrome
is not a diagnostic device and cannot determine whether or not abuse occurred. It relates only to a pattern of behavior of
the victim which may be present in some child sexual abuse cases. You may not consider expert testimony about
the Accommodation Syndrome as proving whether abuse occurred or did not occur. Similarly, you may not consider that testimony
as proving, in and of itself, that , the alleged victim here,
was or was not truthful.
Dr. [A]’s testimony may be
considered as explaining certain behavior of the alleged victim of child sexual
abuse. As I just stated, that testimony
may not be considered as proof that abuse did, or did not, occur. The Accommodation Syndrome, if proven, may
help explain why a sexually abused child may [delay reporting and/or recant
allegations of abuse and/or deny that any sexual abuse occurred].
To illustrate, in a burglary or theft
case involving an adult property owner, if the owner did not report the crime
for several years, your common sense might tell you that the delay reflected a
lack of truthfulness on the part of the owner.
In that case, no expert would be offered to explain the conduct of the
victim, because that conduct is within the common experience and knowledge of
most jurors.
Here, Dr. [A] testified that, in
child sexual abuse matters, [SUMMARIZE
TESTIMONY]. This testimony was admitted only to explain that the behavior
of the alleged victim was not necessarily inconsistent with sexual abuse. [CHARGE, IF APPLICABLE: here, Dr. [B] testified that, in child
sexual abuse matters, [SUMMARIZE TESTIMONY]. This testimony was admitted only to explain
that the behavior of the victim was not necessarily consistent with sexual
abuse].
The weight to be given to Dr. [A]’s
[or Dr. [B]’s] testimony is entirely up to you. You may give it great weight, or slight weight,
or any weight in between, or you may in your discretion reject it entirely.
You may not consider the expert
testimony as in any way proving that [defendant] committed, or did not commit,
any particular act of abuse. Testimony
as to the Accommodation Syndrome is offered only to explain certain behavior of
an alleged victim of child sexual abuse.