The Admissibility of Expert Profile Evidence

• Publication year: 2004
• Pages: 53
• Citation: Vol. 33 No. 3 Pg. 53

33 Colo.Law. 53 Colorado Lawyer 2004.

2004, March, Pg. 53. The Admissibility of Expert Profile Evidence

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53

Vol. 33, No. 3, Pg. 53

The Colorado Lawyer
March 2004
Vol. 33, No. 3 [Page 53]

Specialty Law Columns
The Civil Litigator
The Admissibility of Expert "Profile Evidence"
by Elizabeth Harris

This month's article was written by Elizabeth Harris Denver, an attorney with Jacobs Chase Frick Kleinkopf &amp Kelley, LLC - (303) 685-4800, eharris@jcfkk.com

Those interested in submitting an article for publication in the Evidence column should contact the editor, Lawrence M. Zavadil, at (303) 389-4644 or lzavadil@jcfkk.com.

Q: Do Colorado courts allow the introduction at trial of so-called "profile evidence"?

A: Yes. Profile evidence can be admissible expert testimony if it satisfies the reliability standard of C.R.E. 702.

Assumed Facts

During her two-week stay at Camp Greenway, 10-year-old Valerie was sexually abused by a camp counselor, Jeff Defendant. She did not report the abuse to camp directors. After returning home, Valerie withdrew from her family and friends, had frequent nightmares, experienced gastrointestinal problems, and had episodes of bed-wetting. Her mother took her to a therapist and, after a month of counseling, Valerie revealed the abuse to her therapist.

Prior to Jeff Defendant's trial, the government advised defense counsel that it intended to call Valerie's therapist, a child sex abuse expert, to testify that Valerie was exhibiting characteristics and patterns of behavior consistent with child victims of sexual abuse. The therapist also planned to testify that Valerie's delay in reporting the abuse was common among child victims. Is the expert profile evidence likely to be admitted?

Discussion

"Profile evidence" generally consists of expert testimony stating that a particular defendant or victim exhibits characteristics or patterns of behavior that conform to a perpetrator or victim profile. The admission of profile evidence is governed by Colorado Rules of Evidence ("C.R.E.") 702,1 which states:

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.2

Profile evidence typically involves experience-based specialized knowledge, instead of scientific knowledge. Therefore, the evidence will be admitted if: (1) testimony on the subject would be useful to...