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Michael Jackson: Child Sexual Abuse Expert Testifies

Trial Update 2
Monday, March 21

The Prosecution is presenting its "expert" testimony. Dr. Anthony J. Urquiza testified about Child Sexual Abuse Accommodation Syndrome (CSAAS).

The Judge should give the jury California's Instruction No. 10.64, a cautionary pattern instruction that informs the jury that CSAAS testimony is not to be considered as proof that the molestation claim is true. They are to consider CSAAS evidence only for the limited purpose of showing that the alleged victim's reactions are not inconsistent with molestation.

The trial court is supposed to give this instruction whenever CSAAS evidence is presented by the prosecution. Here's what it says (available on lexis.com)

Evidence has been presented to you concerning child sexual abuse accommodation syndrome. This evidence is not received and must not be considered by you as proof that the alleged victim's molestation claim is true.

Child sexual abuse accommodation syndrome research is based upon an approach that is completely different from that which you must take to this case. The syndrome research begins with the assumption that a molestation has occurred, and seeks to describe and explain common reactions of children to that experience. As distinguished from that research approach, you are to presume the defendant innocent. The People have the burden of proving guilt beyond a reasonable doubt.

You should consider the evidence concerning the syndrome and its effect only for the limited purpose of showing, if it does, that the alleged victim's reactions, as demonstrated by the evidence, are not inconsistent with him having been molested.

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