SERIES 1100 SEX OFFENSES
F 1193 Testimony On Child Sexual Abuse Accommodation Syndrome
TABLE OF CONTENTS
F 1193.1 Titles And Identification Of Parties
F 1193.1 Inst 1 Testimony On Child Sexual Abuse Accommodation Syndrome—Title
F 1193.1 Inst 2 Identification Of Prosecution And Defendant
F 1193.2 Testimony On Child Sexual Abuse Accommodation Syndrome—Instructions
F 1193.2 Inst 1 Jurors Not Required To Decide; Truth And Accuracy; Limiting Instruction Should Be Stated In Positive Terms
F 1193.2 Inst 2 Lewd Act: Child Abuse Expert—Limiting Instruction
F 1193 Notes
F 1193 Note 1 Child’s Sexual Offenses Against Minors: Evidence Of Victim’s Sexual Activity With Third Party To Show Alternative Source Of Child’s Ability To Describe Sex Acts
F 1193 Note 2 Improper Presumption Of Elements
F 1193 Note 3 Child Abuse Accommodation/Delayed Reporting Syndrome Expert: Limiting Instruction
Return to Series 1100 Table of Contents.
F 1193.1 Titles And Identification Of Parties
F 1193.1 Inst 1 Testimony On Child Sexual Abuse Accommodation Syndrome—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 1193.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 1193.2 Testimony On Child Sexual Abuse Accommodation Syndrome—Instructions
F 1193.2 Inst 1 Jurors Not Required To Decide; Truth And Accuracy; Limiting Instruction Should Be Stated In Positive Terms
*Modify CC 1193, paragraph 3, as follows [added language is underlined; deleted language is stricken]:
You may consider this evidence only in deciding, if you can, whether or not ___________’s <insert name of alleged victim of abuse> conduct was not inconsistent with the conduct of someone who has been molested, and in evaluating the believability truth and accuracy of (his/her) testimony.
Points and Authorities
No Duty To Decide—See FORECITE F 100.7 Inst 1.
Truth And Accuracy—See FORECITE F 105.3.10 Inst 1.
Stating In Positive Terms—See FORECITE F 1194.2 Inst 1.
F 1193.2 Inst 2 Lewd Act: Child Abuse Expert—Limiting Instruction
*Add to CC 1193 when the expert testifies and at the conclusion of trial:
The expert’s testimony can be considered by you only for the purpose of understanding and explaining the behavior of [one or more of] the victim[s] in this case, and not as proof that the molestation occurred.
[OR]
The expert testimony is admissible solely for the purpose of showing the victim’s reactions as demonstrated by the evidence are not inconsistent with having been molested. The expert’s testimony is not intended and should not be used to determine whether the victim’s molestation claim is true.
Points and Authorities
This Court Has The Power And Duty To Grant This Instruction Request—[See CALCRIM Motion Bank # CCM-001.]
Need For Cautionary/Limiting Instruction—In People v. Gilbert (1992) 5 CA4th 1372, 1386-87, the court rejected the defendant’s argument that a “stronger” instruction should have been given while holding that the first above instruction was “clear, accurate and sufficient.”
In People v. Housley (1992) 6 CA4th 947, 957-58, the Court held that the second above instruction should be given sua sponte. (See also FORECITE F 2.80 n2 and FORECITE F 2.012a.)
[See also generally FORECITE F 375 Inst 5 [Right To Limiting Instruction].]
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 2.2 [Burden Of Proof: Elements And Essential Facts]
FORECITE CG 4.1 [Right To Instruct The Jurors On Defense Theories]
In death penalty cases additional, federal claims should be added including, but not limited to, those in FORECITE CG 13
CALJIC NOTE: See FORECITE F 10.41b.
F 1193 NOTES
F 1193 Note 1 Child’s Sexual Offenses Against Minors: Evidence Of Victim’s Sexual Activity With Third Party To Show Alternative Source Of Child’s Ability To Describe Sex Acts
See FORECITE F 1110 Note 7.
CALJIC NOTE: See FORECITE F 10.64 n1.
F 1193 Note 2 Improper Presumption Of Elements
CC 1193 improperly permits the jury to return guilty verdicts without finding that there is proof beyond a reasonable doubt of every fact necessary to constitute the crime the defendant is charged with. [See Brief Bank # B-870for briefing on this issue.]
CALJIC NOTE: See FORECITE F 10.64 n3.
F 1193 Note 3 Child Abuse Accommodation/Delayed Reporting Syndrome Expert: Limiting Instruction
(See CJ 10.64.)
CALJIC NOTE: See FORECITE F 2.012a.
