State v. Foret

628 So. 2d 1116 (1993)

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State v. Foret

Louisiana Supreme Court
628 So. 2d 1116 (1993)

Facts

The State of Louisiana charged Hypolite Foret (defendant) with molestation of a juvenile based on Foret’s alleged abuse of his minor stepdaughter. Foret’s stepdaughter testified at Foret’s trial. The state also offered testimony from Dr. William Janzen, a child psychologist, who testified as an expert in child sex abuse. Janzen testified that he interviewed Foret’s stepdaughter three times, during which she detailed Foret’s alleged conduct and described conversations with Foret. Based on the level of detail in the accusations, Janzen opined that Foret’s stepdaughter was telling the truth about having been a victim of sexual abuse. Janzen used Child Sexual Abuse Accommodation Syndrome (CSAAS) to diagnose whether sexual abuse had occurred in Foret’s stepdaughter’s case. CSAAS was originally intended to create a common language for providers treating sexual-abuse victims, but it had not been accepted in the psychology community as a method for determining whether abuse had in fact occurred. One study suggested that CSAAS had a 32 percent margin of error when used in determining whether abuse occurred. The jury ultimately found Foret guilty of attempted molestation, and he appealed.

Rule of Law

Issue

Holding and Reasoning (Hall, J.)

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