A Project of the University of Michigan Law School and the MDefenders Program

This appellate brief argues that testimony concerning delayed disclosure, grooming, recantation, and other behaviors commonly associated with Child Sexual Abuse Accommodation Syndrome (CSAAS) fails to satisfy Daubert and 702 because it is not based on reliable data, methodology, or scientific principles. The brief explains that CSAAS was developed as a therapeutic framework rather than a diagnostic tool and assumes abuse occurred rather than helping determine whether abuse occurred. Relying on contemporary research, it argues that many claims about delayed disclosure, denial, and recantation are unsupported or overstated and that such testimony often reinforces juror misconceptions rather than correcting them.

File Type: pdf
File Size: 150 KB
Categories: 403, Child Sexual Abuse, Evidence, Expert Testimony, Witnesses
Author: Michigan, National