State v. Saldana, 324 N.W.2d 227 (Minn. 1982). · Go Syfert
State v. Saldana, 324 N.W.2d 227 (Minn. 1982). Cases Citing This Book View Copy Cite
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cited 3× by 2 distinct cases, last quoted 1986 · 2 courts · …a stamp of scientific legitimacy to the truth of the complaining witness's factual testimony. at p. 231 ✓
398 citation events (77 in the last 25 years) across 55 distinct courts.
Strongest positive: State v. Reynolds (neb, 1990-06-29) · Strongest negative: People v. Grady (nysupct, 1986-04-30)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" People v. Grady
N.Y. Sup. Ct. · 1986 · signal: but see · confidence high
See, State v Thomas, 130 Ariz 432, 434, 636 P2d 1214, 1216 (Sup Ct 1981); but see, State v Saldana, 324 NW2d 227 (Minn Sup Ct 1982) (would have allowed rape trauma syndrome for child victim); State v McGee, 324 NW 232 (Minn Sup Ct 1982). .
discussed Cited as authority (verbatim quote) State v. Reynolds
Neb. · 1990 · quote attribution · 1 verbatim quote · confidence high
if the jury is in as good a position to reach a decision as the expert, expert testimony would be of little assistance to the jury and should not be admitted
examined Cited as authority (verbatim quote) People v. Hampton (4×) also: Cited "see"
Colo. · 1987 · quote attribution · 2 verbatim quotes · confidence high
the characteristic symptoms of the rape trauma syndrome may follow any psychologically traumatic event.
discussed Cited as authority (rule) State Of Washington v. Pablo Santos-santiago
Wash. Ct. App. · 2017 · confidence medium
Mettler did not express an opinion as to the guilt of Santos Santiago or the credibility of A.G. and M.G. 24 Id. at 349 (alteration in original)(quoting State v. Saldana, 324 N.W.2d 227, 330 (Minn. 1982)). 25 Id. 26 RP (Sept. 28, 2015) at 189. 8 No. 74421-6-1-9 Santos Santiago also suggests that the State exacerbated the prejudice during closing argument by recounting Mettler's testimony, but the State's brief reference was accurate.
cited Cited as authority (rule) State of Minnesota v. Ricky Harry Gruber
Minn. Ct. App. · 2015 · confidence medium
See State v. Chambers, 507 N.W.2d 287 , 289 (Minn.1993); State v. Provost, 490 N.W.2d 93, 102-03 (Minn.1992); State v. Saldana, 324 N.W.2d 227, 231-32 (Minn.1982).
cited Cited as authority (rule) State of Minnesota v. Justin Wayne Hannine
Minn. Ct. App. · 2015 · confidence medium
State v. Saldana, 324 N.W.2d 227, 231 (Minn. 1982) (quotation and citations omitted).
cited Cited as authority (rule) State v. Martin
Wash. Ct. App. · 2012 · confidence medium
Black, 109 Wn.2d at 350 (quoting State v. Saldana, 324 N.W.2d 227, 230 (Minn. 1982)).
cited Cited as authority (rule) In re the Welfare of the Child of J.K.T.
Minn. Ct. App. · 2012 · confidence medium
State v. Saldana, 324 N.W.2d 227, 230-31 (Minn.1982).
examined Cited as authority (rule) State v. Obeta (3×) also: Cited "see"
Minn. · 2011 · confidence medium
As part of this cumulative error, the court held the district court erred in admitting the testimony from the SANE nurse and the police officer regarding typical rape-victim behaviors because our decision in State v. Saldana, 324 N.W.2d 227, 229-30 (Minn.1982), prohibits such testimony.
cited Cited as authority (rule) State v. Anderson
Minn. · 2010 · confidence medium
State v. Saldana, 324 N.W.2d 227, 229 (Minn.1982).
examined Cited as authority (rule) State v. SONTOYA (4×)
Minn. · 2010 · confidence medium
Thus, expert testimony is inadmissible if "the jury is in as good a position to reach a decision as the expert." State v. Saldana, 324 N.W.2d 227, 229, 232 (Minn.1982) (concluding that a counselor's testimony that complainant was a victim of sexual assault and rape was error because the testimony was not helpful to the jury); see also Moore, 699 N.W.2d at 740 ; State v. Chambers, 507 N.W.2d 237, 239 (Minn.1993).
discussed Cited as authority (rule) Carlton v. VANCOUVER CARE LLC
Wash. Ct. App. · 2010 · confidence medium
The prejudice from such testimony is especially acute where an expert, who carries "an aura of special reliability and trustworthiness," uses the term "rape trauma syndrome" because it "`connotes rape.'" Black, 109 Wash.2d at 349 , 745 P.2d 12 (quoting State v. Saldana, 324 N.W.2d 227, 230 (Minn.1982), and State v. Taylor, 663 S.W.2d 235, 241 (Mo.1984)). ¶ 27 Black is not helpful here because it expressly refused to consider whether the scientific community generally accepted the premise that the symptoms encompassed by rape trauma syndrome are a common reaction to sexual assault.
discussed Cited as authority (rule) Carlton v. Vancouver Care, LLC
Wash. Ct. App. · 2010 · confidence medium
The prejudice from such testimony is especially acute where an expert, who carries “ ‘an aura of special reliability and trustworthiness,’ ” uses the term “rape trauma syndrome” because it “ ‘connotes rape.’ ” Black, 109 Wn.2d at 349 (quoting State v. Saldana, 324 N.W.2d 227, 230 (Minn. 1982); State v. Taylor, 663 S.W.2d 235, 241 (Mo. 1984)). ¶27 Black is not helpful here because it expressly refused to consider whether the scientific community generally accepted the premise that the symptoms encompassed by rape trauma syndrome are a common reaction to sexual assault.
discussed Cited as authority (rule) State v. Hakala (2×)
Minn. Ct. App. · 2009 · confidence medium
"When the alleged victim of a sexual assault is a child or mentally retarded person there is presented one of those `unusual cases' in which expert testimony concerning credibility of a witness should be received." Id. (citing State v. Saldana, 324 N.W.2d 227, 231 (Minn.1982)).
discussed Cited as authority (rule) State v. Baby (2×)
Md. · 2008 · confidence medium
See People v. Bledsoe, 36 Cal.3d 236 , 203 Cal.Rptr. 450 , 681 P.2d 291 , 298 & n. 7, 299 (1984) (holding that the trial court erred in admitting "rape trauma syndrome" testimony to prove that a victim had been raped, iterating that the Frye standard is the proper basis for determining the admissibility of "rape trauma syndrome" testimony); State v. Marks, 231 Kan. 645 , 647 P.2d 1292, 1299 (1982) (holding that expert psychiatric testimony on "rape trauma syndrome" is relevant and admissible where the defense is consent, iterating that the Frye standard is applicable to testimony regarding a p…
discussed Cited as authority (rule) State v. Morales-Mulato (2×) also: Cited "see"
Minn. Ct. App. · 2008 · confidence medium
“In [State v.] Saldana, however, we recognized that when [an] alleged victim of a sexual assault is a child or mentally retarded person there is presented one of those ‘unusual cases’ in which expert testimony concerning credibility of a witness should be received.” Id. (citing State v. Saldana, 324 N.W.2d 227, 231 (Minn.1982)). 4 In Myers , the supreme court held that despite the effect of bolstering a complainant’s credibility, if a district court determines that such testimony will be helpful to a jury, an expert qualified to render an opinion with respect to the emotional and psy…
discussed Cited as authority (rule) State v. Edwards (2×)
Minn. · 2006 · confidence medium
See State v. Chambers, 507 N.W.2d 237, 239 (Minn.1993) (holding that it was error to admit opinion testimony by a forensic pathologist on the question of intent); State v. Provost, 490 N.W.2d 93, 101-04 (Minn.1992) (holding that the district court properly excluded defendant's proffered psychiatric testimony on the questions of intent and premeditation); State v. Saldana, 324 N.W.2d 227, 229-31 (Minn.1982) (holding that it was reversible error to allow opinion testimony from a sexual assault counselor on whether the victim had "typical post-rape symptoms and behavior of rape victims" and on wh…
discussed Cited as authority (rule) State v. Wembley
Minn. Ct. App. · 2006 · confidence medium
See also State v. Ritt, 599 N.W.2d 802, 812 (Minn.1999) (an expert may not testify as to the coercive effects of an interrogation on a particular defendant because that is a jury question); State v. Koskela, 536 N.W.2d 625, 629-30 (Minn. 1995) (an expert may describe the nature of schizoid-personality disorder in general, but whether the defendant fit the profile was a jury question); State v. Saldana, 324 N.W.2d 227, 231-32 (Minn.1982) (an expert opinion about a witness’s capacity to perceive events invades the province of the jury to make credibility determinations).
discussed Cited as authority (rule) State v. Moore (2×) also: Cited "see, e.g."
Minn. · 2005 · confidence medium
Minnesota’s rules of evidence permit expert opinion testimony on ultimate issues if such testimony is helpful to the factfinder. 3 See State v. Saldana, 324 N.W.2d 227, 230 (Minn.1982).
discussed Cited as authority (rule) State v. Burrell (2×)
Minn. · 2005 · confidence medium
State v. Myers, 359 N.W.2d 604, 611 (Minn.1984); *601 State v. Saldana, 324 N.W.2d 227, 231 (Minn.1982).
discussed Cited as authority (rule) State v. Reese
Minn. · 2005 · confidence medium
See Koskela, 536 N.W.2d at 630 (holding that the trial court did not abuse its discretion in limiting expert testimony to general information about the nature of schizoid personality disorder rather than specifically assessing the defendant, because whether the defendant fit the disorder profile was a question for the jury); State v. Ritt, 599 N.W.2d 802, 812 (1999) (holding that the trial court was within its discretion in excluding expert testimony about the effects of coercive interrogation on a particular defendant,, saying that this was a question for the jury’s determination); State v.…
cited Cited as authority (rule) State v. Well
S.D. · 2000 · confidence medium
See Atkins v. State, 243 Ga.App. 489 , 533 S.E.2d 152, 154 (2000); Stephens v. State, 774 P.2d 60, 67 (Wyo.1989); State v. Saldana, 324 N.W.2d 227, 230-31 (Minn.1982).
discussed Cited as authority (rule) United States v. Birdsall
C.A.A.F. · 1998 · confidence medium
E.g., Johnson v. State, 292 Ark. 632 , 732 S.W.2d 817, 821 (1987); Commonwealth v. Mendrala, 20 Mass.App. 398 , 480 N.E.2d 1039, 1042 (1985); State v. Saldana, 324 N.W.2d 227, 231 (Minn.1982); Stephens v. State, 774 P.2d 60, 66-67 (Wyo.1989); see Goodson v. State, 566 So.2d 1142, 1146 (Miss.1990) (citing other states’ decisions banning expert opinion testimony that a child has been sexually abused).
discussed Cited as authority (rule) Schutz v. State (2×)
Tex. Crim. App. · 1997 · confidence medium
State v. Saldana, 324 N.W.2d 227, 231-232 (Minn.1982).
discussed Cited as authority (rule) Melvin Alexander Moore v. Commonwealth
Va. Ct. App. · 1996 · confidence medium
"Permitting a person in the role of an expert to suggest that because the complainant exhibits some of the symptoms of rape trauma . . . , the complainant was therefore raped, unfairly prejudices the [accused] by creating an aura of special reliability and trustworthiness." State v. Salana, 324 N.W.2d 227, 230 (Minn. 1982).
discussed Cited as authority (rule) Hutton v. State
Md. · 1995 · confidence medium
See Spencer v. General Electric Co., 688 F.Supp. 1072, 1073 (E.D.Va.1988); People v. Bledsoe, 203 Cal.Rptr. at 460 , 681 P.2d at 301 (rape trauma syndrome is not relied upon in the scientific community to prove that a rape occurred); State v. Batangan, 71 Haw. 552 , 799 P.2d 48, 51 (1990); Lantrip v. Commonwealth, 713 S.W.2d at 817 ; State v. Foret, 628 So.2d 1116, 1127 (La.1993) (CSAAS evidence is of highly questionable scientific validity and fails to pass threshold test of scientific reliability); State v. Black, 537 A.2d 1154, 1156-57 (Me.1988); People v. Beckley, 434 Mich. 691 , 456 N.W.2…
cited Cited as authority (rule) Clark v. State
Fla. Dist. Ct. App. · 1995 · confidence medium
Bledsoe, 203 Cal. Rptr. at 460 , 681 P.2d at 301 , quoting State v. Saldana, 324 N.W.2d 227, 230 (Minn. 1982).
cited Cited as authority (rule) State v. Klosterboer
Minn. Ct. App. · 1995 · confidence medium
Minn.R.Evid. 702; State v. Saldana, 324 N.W.2d 227, 229 (Minn.1982).
discussed Cited as authority (rule) Commonwealth v. Reed
Mass. · 1994 · confidence medium
App. 3d 584, 593 (1983); State v. Walker, 506 A.2d 1143, 1148 (Me. 1986); State v. Saldana, 324 N.W.2d 227, 231-232 (Minn. 1982); People v. Souvenir, 83 Misc.2d 1038 (N.Y. 1975); Gale v. State, 792 P.2d 570, 576 (Wyo. 1990).
cited Cited as authority (rule) State v. Her
Minn. Ct. App. · 1994 · signal: cf. · confidence medium
Cf. State v. Saldana, 324 N.W.2d 227, 231 (Minn.1982) (admission of expert rape trauma syndrome testimony was error).
discussed Cited as authority (rule) United States v. James T. Whitted
8th Cir. · 1993 · confidence medium
E.g., Johnson v. State, 292 Ark. 632 , 732 S.W.2d 817, 821 (1987); Commonwealth v. Mendrala, 20 Mass.App. 398 , 480 N.E.2d 1039, 1042 (1985); State v. Saldana, 324 N.W.2d 227, 231 (Minn.1982); Stephens v. State, 774 P.2d 60, 66-67 (Wyo.1989); see Goodson v. State, 566 So.2d 1142, 1146 (Miss.1990) (citing other states’ decisions banning expert opinion testimony that a child has been sexually abused).
discussed Cited as authority (rule) State v. Alberico (2×) also: Cited "see, e.g."
N.M. · 1993 · confidence medium
Va. 223, 228-29 , 366 S.E.2d 731, 736-37 (1988). [12] See State v. Moran, 151 Ariz. 378, 385 , 728 P.2d 248, 255 (1986); People v. Bledsoe, 36 Cal.3d 236 , 203 Cal. Rptr. 450, 460 , 681 P.2d 291, 301 (1984); State v. Batangan, 71 Haw. 552 , 799 P.2d 48, 52 (1990); People v. Beckley, 434 Mich. 691 , 456 N.W.2d 391, 405 (1990); State v. Saldana, 324 N.W.2d 227, 230 (Minn. 1982); State v. Taylor, 663 S.W.2d 235, 240 (Mo. 1984) (en banc); People v. Taylor, 75 N.Y.2d 277 , 552 N.Y.S.2d 883, 890 , 552 N.E.2d 131, 138 (1990); State v. Hall, 330 N.C. 808 , 412 S.E.2d 883, 890 (1992); State v. Hudnall,…
discussed Cited as authority (rule) State v. Alberico (2×) also: Cited "see, e.g."
N.M. · 1993 · confidence medium
See State v. Moran, 151 Ariz. 378, 385 , 728 P.2d 248, 255 (1986); People v. Bledsoe, 36 Cal.3d 236 , 203 Cal.Rptr. 450, 460 , 681 P.2d 291, 301 (1984); State v. Batangan, 71 Haw. 552 , 799 P.2d 48, 52 (1990); People v. Beckley, 434 Mich. 691 , 456 N.W.2d 391, 405 (1990); State v. Saldana, 324 N.W.2d 227, 230 (Minn.1982); State v. Taylor, 663 S.W.2d 235, 240 (Mo.1984) (en banc); People v. Taylor, 75 N.Y.2d 277 , 552 N.Y.S.2d 883, 890 , 552 N.E.2d 131, 138 (1990); State v. Hall, 330 N.C. 808 , 412 S.E.2d 883, 890 (1992); State v. Hudnall, 293 S.C. 97 , 359 S.E.2d 59, 62 (1987); State v. Rimmasc…
discussed Cited as authority (rule) State v. Wilson (2×)
Or. Ct. App. · 1993 · confidence medium
State v. Saldana, supra, 324 NW2d at 231." (Emphasis supplied.) That comment and the court's general observation that "there is no bright line separating issues within the comprehension of the jurors from those that are not," 294 Or. at 437 , 657 P.2d 1215 , provide at least oblique support for the court's ruling here.
discussed Cited as authority (rule) State v. Weeks (2×)
Vt. · 1993 · confidence medium
State v. Bubar, 146 Vt. 398, 401 , 505 A.2d 1197, 1199 (1985) (quoting State v. Saldana, 324 N.W.2d 227, 230 (Minn.1982)).
cited Cited as authority (rule) State v. Brovold
Minn. Ct. App. · 1991 · confidence medium
State v. Saldana, 324 N.W.2d 227, 229 (Minn.1982).
cited Cited as authority (rule) Behlke v. Conwed Corp.
Minn. Ct. App. · 1991 · confidence medium
State v. Saldana, 324 N.W.2d 227, 230 (Minn.1982); Minn.R.Evid. 704.
cited Cited as authority (rule) State v. Wetherbee
Vt. · 1991 · confidence medium
State v. Bubar, 146 Vt. 398, 401 , 505 A.2d 1197, 1199 (1985) (quoting State v. Saldana, 324 N.W.2d 227, 230 (Minn. 1982)).
discussed Cited as authority (rule) Duckett v. State (2×)
Tex. Crim. App. · 1990 · confidence medium
In State v. Saldana, 324 N.W.2d 227, 229 (Minn.1982), that court stated, in reference to the “rape trauma syndrome,” that "these symptoms may at least be reliable indicators that some psychologically traumatic event has occurred, although they do not necessarily indicate that the event was rape.” The Court held that evidence in rape trauma cases is often used to rebut the defendant’s claim that the complainant consented.
cited Cited as authority (rule) State v. Huang
N.C. Ct. App. · 1990 · confidence medium
State v. Saldana, 324 N.W.2d 227, 231 (Minn. 1982) (citation omitted).
discussed Cited as authority (rule) Gale v. State (2×)
Wyo. · 1990 · confidence medium
See also W.R.E. 702; People v. Visgar, 120 Ill.App.3d 584 , 75 Ill.Dec. 784, 791 , 457 N.E.2d 1343, 1350 (1983); State v. Walker, 506 A.2d 1143, 1148 (Me.1986); State v. Saldana, 324 N.W.2d 227, 231 (Minn.1982); People v. Souvenir, 83 Misc.2d 1038 , 373 N.Y.S.2d 824, 827 (1975).
discussed Cited as authority (rule) State v. Erickson
Minn. Ct. App. · 1990 · confidence medium
In a line of cases including State v. Saldana, 324 N.W.2d 227, 231 (Minn.1982), Minnesota has balanced the need for expert evidence against interference with the exclusive function of the jury to determine witness credibility.
cited Cited as authority (rule) State v. Williams
Minn. Ct. App. · 1990 · confidence medium
Evid. 704.” State v. Saldana, 324 N.W.2d 227, 230 (Minn.1982).
discussed Cited as authority (rule) State v. Valley (2×)
Vt. · 1989 · confidence medium
This Court has previously expressed concern that expert testimony on rape trauma syndrome "lent an improper `aura of special reliability and trustworthiness' to the complainant's testimony." State v. Bubar, 146 Vt. 398, 401 , 505 A.2d 1197, 1199 (1985) (quoting State v. Saldana, 324 N.W.2d 227, 230 (Minn.1982)).
discussed Cited as authority (rule) State v. Ronnebaum (2×)
Minn. Ct. App. · 1989 · confidence medium
State v. Myers, 359 N.W.2d 604, 610 (Minn.1984); State v. Saldana, 324 N.W.2d 227, 231 (Minn.1982).
discussed Cited as authority (rule) State v. Ross (2×)
Vt. · 1989 · confidence medium
In Bubar , we expressed “concern that the [victim’s] counselor, by testifying as an expert on rape trauma syndrome, lent an improper ‘aura of special reliability and trustworthiness’ to the complainant’s testimony.” Id. (quoting State v. Saldana, 324 N.W.2d 227, 230 (Minn. 1982)).
discussed Cited as authority (rule) State v. Jackson
W. Va. · 1989 · confidence medium
There is the danger that the jury will place too much emphasis on the testimony of the witness because of his or her status as an expert: [permitting a person in the role of an expert to suggest that because the complainant exhibits some of the symptoms of rape trauma syndrome, the complainant was therefore raped unfairly prejudices the appellant by creating an aura of special reliability and trustworthiness. [State v.] Saldana, 324 N.W.2d 227, 231 (Minn.1982).
cited Cited as authority (rule) State v. Hennum
Minn. · 1989 · confidence medium
Saldana, 324 N.W.2d at 229 (citation omitted).
discussed Cited as authority (rule) State v. Gettier
Iowa · 1989 · confidence medium
There is a sharp disagreement among various jurisdictions on the admissibility of expert testimony describing “rape trauma syndrome.” Compare State v. Kim, 64 Haw. 598 , 645 P.2d 1330, 1338 (1982) (child psychiatrist allowed to testify that child’s conduct consistent with other rape victims); State v. Marks, 231 Kan. 645, 654 , 647 P.2d 1292, 1299 (1982) (rape trauma syndrome is result of a sexual assault and is both de *5 tectable and reliable; that an assault took place is relevant to issue of consent); State v. Liddell, 211 Mont. 180 , 685 P.2d 918, 923 (1984) (on issue of consent, ex…
discussed Cited as authority (rule) Spencer v. General Electric Co. (2×) also: Cited "see"
E.D. Va. · 1988 · confidence medium
See, e.g., People v. Bledsoe, 36 Cal.3d 236 , 681 P.2d 291 , 203 Cal.Rptr. 450 (1984) (RTS not intended to be a forensic fact-finding device but rather a therapeutic tool used to identify, treat, and predict emotional problems); State v. Saldana, 324 N.W.2d 227, 231 (Minn.1982) (expert testimony on RTS inadmissible because such testimony “was a legal conclusion which was of no use to the jury”); State v. Taylor, 663 S.W.2d 235, 241 (Mo.1984) (en banc) (expert testimony on RTS inadmissible because such testimony “carried with it an implied opinion that the victim had told the truth”); S…
Retrieving the full opinion text from the archive…
STATE of Minnesota, Respondent,
v.
Camilo SALDANA, Appellant
81-549.
Supreme Court of Minnesota.
Aug 31, 1982.
324 N.W.2d 227
1982 Minn. LEXIS 1764
C. Paul Jones, Public Defender, and Mark F. Anderson, Asst. Public Defender, Minneapolis, for appellant., Warren Spannaus, Atty. Gen., Gary Hansen and Barbara D. Gill, Sp. Asst. Attys. Gen., St. Paul, Daniel Birkholz, County Atty., St. James, for respondent.
Peterson, Wahl.
Cited by 204 opinions  |  Published

Lead Opinion

[*229] SCOTT, Justice.

Camilo Saldana appeals from his conviction of criminal sexual conduct in the first degree in violation of Minn. Stat. § 609.-342(e)(i) (1980). At trial appellant admitted that sexual intercourse had occurred but claimed it was consensual. To rebut appellant’s claim, the state presented an expert witness who described the typical post-rape symptoms and behavior of rape victims, and gave her opinion that the complainant was a victim of rape and had not fabricated her allegations. We find that the admission of such testimony requires the reversal of appellant’s conviction, and we remand for a new trial.

Our concern is directed toward the testimony of Lynn Dreyer, a counselor for sexual assault victims, who testified for the state. Dreyer, the director of the Victim Assistance Program in Mankato, holds a bachelor’s degree in psychology and social work. Dreyer testified that she met Martha Fuller, the complainant, 10 days after the alleged rape and that she counseled Fuller for approximately a 10-week period. In her testimony, Dreyer explained the stages that a rape victim typically goes through and discussed typical behavior of victims after a rape. She then described Fuller’s reactions as she had observed them. In response to a question, Dreyer testified that it was not unusual that Fuller did not report the incident until the following day and that many rape victims never report a rape. Dreyer stated that Fuller was the victim of “acquaintance rape,” that she definitely believed Fuller was a victim of sexual assault and rape, and that she did not think Fuller fantasized or “made it up.”

The issue is whether admission of testimony concerning typical post-rape symptoms and behavior of rape victims, opinions that Fuller was a victim of rape, and an opinion that Fuller did not fantasize the rape was reversible error.

To be admissible, expert testimony must be helpful to the jury in reaching its decision:

The basic requirement of Rule 702 is the helpfulness requirement. If the subject of the testimony is within the knowledge and experience of a lay jury and the testimony of the expert will not add precision or depth to the jury’s ability to reach conclusions about that subject which is within their experience, then the testimony does not meet the helpfulness test.

State v. Helterbridle, 301 N.W.2d 545, 547 (Minn.1980). If the jury is in as good a position to reach a decision as the expert, expert testimony would be of little assistance to the jury and should not be admitted. Expert testimony may also be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion, or misleading the jury. Minn. R. Evid. 403. Under this test of admissibility, we must examine each segment of Dreyer’s testimony.

Dreyer’s discussion of the stages a rape victim typically goes through was essentially an explanation of “rape trauma syndrome,”[1] although she did not so label it. On the facts of the case before us, such testimony is of no help to the jury and produces an extreme danger of unfair prejudice. The factual question to be decided by the jury is whether the alleged criminal conduct occurred. It is not necessary that Fuller react in a typical manner to the incident. Fuller need not display the typical post-rape symptoms and behavior of rape victims to convince the jury that her view of the facts is the truth.

Rape trauma symdrome is not the type of scientific test that accurately and reliably determines whether a rape has occurred. The characteristic symptoms may follow any psychologically traumatic event. American Psychiatric Association, Diagnos[*230] tic and Statistical Manual of Mental Disorders 236 (3d ed. 1980). At best, the syndrome describes only symptoms that occur with some frequency, but makes no pretense of describing every single case. C. Warner, Rape and Sexual Assault 145 (1980). The jury must not decide this case on the basis of how most people react to rape or on whether Fuller’s reactions were the typical reactions of a person who has been a victim of rape. Rather, the jury must decide what happened in this case, and whether the elements of the alleged crime have been proved beyond a reasonable doubt.

The scientific evaluation of rape trauma syndrome has not reached a level of reliability that surpasses the quality of common sense evaluation present in jury deliberations. As we stated in refusing to permit introduction of “battering parent” syndrome, the evidence may not be introduced “until further evidence of the scientific accuracy and reliability of syndrome or profile diagnoses can be established.” State v. Loebach, 310 N.W.2d 58, 64 (Minn. 1981).[2] Permitting a person in the role of an expert to suggest that because the complainant exhibits some of the symptoms of rape trauma syndrome, the complainant was therefore raped, unfairly prejudices the appellant by creating an aura of special reliability and trustworthiness. Since jurors of ordinary abilities are competent to consider the evidence and determine whether the alleged crime occurred, the danger of unfair prejudice outweighs any probative value. To allow such testimony would inevitably lead to a battle of experts that would invade the jury’s province of fact-finding and add confusion rather than clarity.

Rape trauma syndrome is not a fact-finding tool, but a therapeutic tool useful in counseling. Because the jury need be concerned only with determining the facts and applying the law, and because evidence of reactions of other people does not assist the jury in its fact-finding function, we find the admission of expert testimony on rape trauma syndrome to be error.[3]

The second segment of Dreyer’s testimony of questionable admissibility is her opinion that Fuller was raped.[4] The issue is whether the state may introduce expert testimony in a rape prosecution that, in the expert’s opinion, a rape in fact occurred.

The primary criterion for admissibility is the helpfulness requirement as discussed above. An expert witness may testify in the form of an opinion, Minn. R. Evid. 702, and opinion testimony is not objectionable merely because it embraces an ultimate issue to be decided by the jury, Minn. R. Evid. 704. However, according to the Advisory Committee Comment to Rule 704, opinions involving a legal analysis or mixed questions of law and fact are deemed to be of no use to the jury.

[*231] A majority of the courts that have considered the issue have held that admission of a doctor’s opinion that rape or sexual assault had occurred is error.[5] A few courts in other jurisdictions have permitted a doctor who has physically examined the complaining witness shortly after the alleged rape to give an opinion that sexual intercourse was not voluntary.[6]

The admission of Dreyer’s testimony constitutes error under the majority rule. Furthermore, because Dreyer is not a physician, never physically examined Martha Fuller and did not meet Fuller until 10 days after the alleged rape, the admission of Dreyer’s testimony constitutes error even under the minority rule.

We conclude that the admission of Dreyer’s testimony was error. Because the jurors were equally capable of considering the evidence and determining whether a rape occurred, Dreyer’s opinion was not helpful. Her testimony was a legal conclusion which was of no use to the jury. Furthermore, the danger of unfair prejudice outweighed any probative value. Dreyer’s testimony “gave a stamp of scientific legitimacy to the truth of the complaining witness’s factual testimony.” People v. Izzo, 90 Mich. App. 727, 730, 282 N.W.2d 10, 11 (1979).

The final segment of Dreyer’s testimony was her opinion that Fuller had not fantasized the rape.[7] Once a witness is deemed competent, expert opinions concerning the witness’s reliability in distinguishing truth from fantasy are generally inadmissible because such opinions invade the jury’s province to make credibility determinations. United States v. Jackson, 576 F.2d 46, 49 (5th Cir. 1978); United States v. Wertis, 505 F.2d 683, 685 (5th Cir. 1974) (per curiam), cert. denied, 422 U.S. 1045, 95 S.Ct. 2662, 45 L.Ed.2d 697 (1975). Expert testimony concerning the credibility of a witness should be received only in “unusual cases.” United States v. Barnard, 490 F.2d 907, 913 (9th Cir. 1973), cert. denied, 416 U.S. 959, 94 S.Ct. 1976, 40 L.Ed.2d 310 (1974). An example of such an unusual case is a sexual assault case where the alleged victim is a child or mentally retarded. See Commonwealth v. Carter, 9 Mass.App. 680, 403 N.E.2d 1191 (1980), aff’d, - Mass. -, 417 N.E.2d 438 (Mass. 1981) (examining pediatrician may give opinion relating to the ability of a retarded child to differentiate between reality and fantasy but not concerning whether the child was telling the truth about an alleged sexual assault).

The admission of Dreyer’s testimony that Martha Fuller did not fantasize or fabricate her story was erroneous. First, there are no unusual circumstances in this case which warrant the admission of expert testimony concerning the credibility of Full[*232] er, who is an adult with at least average intelligence. Second, Dreyer, who had no medical education or training, was unqualified to determine whether a person could differentiate between reality and fantasy or to detect whether a person was telling the truth or fabricating a story. Finally, the question and answer did not concern Fuller’s general tendency to fantasize or fabricate but whether she fantasized or fabricated the particular facts at issue. Dreyer was simply stating her opinion that Fuller was telling the truth. Because credibility is the sole province of the jury, admission of the testimony was erroneous.

The final question for our determination is whether the erroneous admission of Dreyer’s testimony mandates reversal of appellant’s conviction and a new trial. Appellant admitted that sexual intercourse occurred. The sole issue in dispute was whether the sexual intercourse was voluntary. The evidence produced at trial could be interpreted to support the claim of either the complainant or appellant. The jury’s determination depended largely upon which party it believed. Under these circumstances, Dreyer’s testimony, presented as the unbiased opinion of an expert, may well have tipped the balance.

We hold that in this prosecution for criminal sexual conduct where the defendant claimed consent it was reversible error for an expert to testify concerning typical post-rape symptoms and behavior of rape victims and give opinions that the complainant was a victim of rape and had not fantasized the rape. Our holding is necessary to ensure accuracy in the truth-seeking process and to guarantee fairness to the accused. We overrule State v. Cox, 172 Minn. 226, 215 N.W. 189 (1927), to the extent it is inconsistent with this opinion. We reverse appellant’s conviction and remand for a new trial. Because we have ordered a new trial we need not reach the other issues raised.

Reversed and remanded.

1

Ann Burgess and Lynda Holmstrom coined the term in their seminal 1974 article to describe the recurring pattern of post-rape symptoms. Burgess & Holmstrom, Rape Trauma Syndrome, 131 Am. J. Psychiatry 981 (1974). For a discussion of rape trauma syndrome, see In re Pittsburgh Action Against Rape, 494 Pa. 15, 428 A.2d 126, 138-40 (1981) (Larsen, J., dissenting).

2

Compare other cases in which expert testimony is excluded as scientifically inaccurate and unreliable, State v. Mack, 292 N.W.2d 764 (Minn. 1980) (hypnotically induced testimony); State v. Hill, 253 N.W.2d 378 (Minn. 1977) (polygraph test results).

3

The only case we have discovered that found no error in admitting similar evidence emphasized the overwhelming evidence of guilt of the defendant. State v. LeBrun, 37 Or.App. 411, 414, 415, 587 P.2d 1044, 1046, 1047 (1978) (no error in permitting “Rape Victim Advocate” to testify that victim’s emotional state comported with that of most sexual abuse victims).

4

The prosecutor elicited the following testimony from Dreyer;

Q. Can you explain to the jury the stages that Martha Fuller went through since the date of this incident?
[Objection overruled.]
A * * * She has went through a lot because her rape is what we call acquaintance rape, where it involves someone that they know, and she’s gone through a lot of feelings of guilt and internalizing the pain, because it is a friend and a personal friend of her husband [sic],
Q From your professional involvement with Martha Fuller, do you have an opinion Miss Dreyer, as to whether or not this incident actually took place?
A I definitely believe that Martha was a victim of assault.
Q Of a sexual assault?
A Sexual assault and rape.
5

See, e.g., Farley v. State, 324 So.2d 662 (Fla. App. 1975); Commonwealth v. Gardner, 350 Mass. 664, 216 N.E.2d 558 (1966); People v. McGillen, 392 Mich. 278, 220 N.W.2d 689 (1974) (dictum); State v. Castore, R.I., 435 A.2d 321 (1981); Cartera v. Commonwealth, 219 Va. 516, 248 S.E.2d 784 (1978). The examining physician may of course testify to observations of physical and emotional conditions, examinations and tests performed, and medical conclusions reached.

6

See, e.g., State v. Miller, 254 Iowa 545, 117 N.W.2d 447 (1962) (no reversible error in admitting examining physician’s opinion that intercourse was not voluntary where jury did not convict of rape); People v. LaPorte, 103 Mich. App. 444, 303 N.W.2d 222 (1981) (no error in admitting attending physician’s expert opinion, based upon the victim’s physical and emotional conditions shortly after the incident, that there had been penetration against the will of complainant); State v. Ring, 54 Wash.2d 250, 339 P.2d 461 (1959) (no error in permitting physicians who examined prosecuting witness shortly after the episode to state that her physical condition could not have been the result of “ordinary normal sexual intercourse,” because involved a question of medical science).

7

The prosecutor asked the question as follows:

Q Is there any way that this could have been consensual and that she fantasiased [sic]?
[Objection overruled.]
A I first of all believe that because rape is a crime of violence and a person is very humiliated and physically abused in a rape, that leads me to believe that not many women would fantasias [sic] or make something like this up when you know the degree of humiliation she will have to live with and speaking personally; Martha I do not think she fanta-siased [sic] or made it up.

Concurrence

PETERSON, Justice

(concurring specially)-

I concur in the result, based upon the impermissible testimony of Ms. Dreyer that the victim had not fantasized or fabricated her story, and in overruling State v. Cox, 172 Minn. 226, 215 N.W. 189 (1927), to the extent it would approve such testimony.

WAHL, J., took no part in the consideration or decision of this case.