Case Law: Opportunities Created by State v. Obeta
The 2011 Minnesota Supreme Court decision State v. Obeta, 796 N.W.2d 282 (Minn. 2011) created an avenue for prosecutors to utilize general expert testimony to help explain victim behaviors that are commonly misunderstood by jurors. These behaviors include actions such as delayed reporting or lack of physical resistance. SVJI developed a training curriculum to ensure that prosecutors and other professionals are aware of this new opportunity and understand when an expert might be warranted, and the limits of utilizing this type of testimony.
Related: Law Review Article: A Distinction Without a Difference: Why the Minnesota Supreme Court Should Overrule Its Precedent Precluding the Admission of Helpful Expert Testimony in Cases of Adult Victim Sexual Assault Cases.