768 S.E.2d 246
S.C. Ct. App.2015Background
- Appellant Damon Tyler Brown was convicted of first-degree CSC with a minor, three counts of lewd act upon a child, and three counts of first-degree sexual exploitation of a minor.
- The crimes occurred 2003–2006 in a two-bedroom mobile home in Central, South Carolina, where Brown lived with his girlfriend’s family, including two young brothers aged 8 and 10.
- Older Brother testified to numerous graphic acts of abuse by Brown; Younger Brother corroborated; Minor Friend testified Brown abused her and the boys in the home.
- The victims delayed reporting the abuse for years; some initially refused to speak to police, later provided statements detailing the abuse; the victims described fear of blame and embarrassment.
- The circuit court admitted expert testimony from Shauna Galloway-Williams on child abuse dynamics and delayed disclosures after an in-camera hearing, finding it relevant to jurors lacking direct experience.
- Appellant challenged the expert’s testimony on grounds of lay knowledge, bolstering the victims’ credibility, and potential prejudice; the court ultimately affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the expert on child abuse dynamics was properly admissible | Brown | Brown | Properly admitted; beyond lay knowledge |
| Whether the expert testimony improperly bolstered the victims’ credibility | Brown | Brown | Not improper bolstering; did not comment on credibility |
| Whether the testimony was unfairly prejudicial or cumulative under Rule 403 | Brown | Brown | Probative value outweighed potential prejudice; not cumulative |
Key Cases Cited
- State v. Price, 368 S.C. 494 (S.C. 2006) (admissibility of expert testimony based on abuse dynamics)
- State v. Douglas, 369 S.C. 424 (S.C. 2006) (abuse dynamics and expert testimony standard)
- State v. Kromah, 401 S.C. 340 (S.C. 2013) (forensic interviewers; vouching and credibility concerns)
- Weaverling v. State, 337 S.C. 460 (Ct.App. 1999) (rape trauma evidence admissible to explain victim behavior)
- White v. State, 361 S.C. 407 (S.C. 2004) (expert testimony on child abuse admissible; age not an issue)
- Portillo v. State, 408 S.C. 66 (Ct.App. 2014) (forensic interviewers and credibility concerns; Rule 403 analysis)