Friday, October 01, 2004

Australian Expert Says Rapist Is Victim of Nightclub Environment

An Australian nightclub owner has been sentenced to just eight years, with the possibility of release in five, after pleading guilty to six rapes and assorted other charges. At the sentencing phase, his expert psychologist testified that the rapist was a victim of the highly sexualized nightclub environment, which caused him to be desensitized to regular moral codes. The Tasmanian Examiner has the story.

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to 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, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.