Supreme Court of Wyoming
933 P.2d 474 (1997)
At the trial of David Alfred Blake (defendant) for second-degree sexual assault of his stepdaughter, the court allowed Dr. Mary Bowers, over Blake’s objection, to testify regarding statements that the victim made to Dr. Bowers during a sexual assault examination. The victim’s statements included identification of Blake as the perpetrator of the sexual assault. The victim was not called to testify at the trial. Before questioning Dr. Bowers regarding the victim’s statements to her, the State (plaintiff) asked Dr. Bowers about the purpose and nature of the sexual assault examination that she performed on the victim and the types of questions that Dr. Bowers typically asks in the process of performing this type of examination. Dr. Bowers testified that the purpose of the exam is to provide health care for an alleged sexual assault and that in order to direct the exam and determine what treatment is needed, Dr. Bowers asks detailed questions about the nature of the assault, including the identity of the perpetrator. Dr. Bowers explained that it is important for her to ascertain the victim’s emotional state and that knowledge of the perpetrator’s identity is important for determining the extent of testing and treatment needed. Dr. Bowers then testified that the victim told her that Blake had subjected her to forcible sexual intercourse over the past several years and that the most recent incident had occurred in the bathroom of their home a week prior to the examination. Blake was convicted on two counts and appealed his conviction to the Supreme Court of Wyoming.
Rule of Law
Holding and Reasoning (Lehman, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 202,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.