STATE v. McGEE

No. 81-547.

324 N.W.2d 232 (1982)

STATE of Minnesota, Respondent, v. Joseph Michael McGEE, Appellant.

Supreme Court of Minnesota.

August 31, 1982.


Attorney(s) appearing for the Case

Thomas M. Kelly, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Gary Hansen and Norman B. Coleman, Jr., Sp. Asst. Attys. Gen., St. Paul, John W. Riches II, County Atty., Benson, for respondent.

Heard, considered and decided by the court en banc.


OTIS, Justice.

This is an appeal from a conviction for criminal sexual conduct in the third degree in violation of Minn. Stat. § 609.344(c) (1980). We reverse.

By way of rebutting appellant's claim that the complainant consented to sexual intercourse, the state introduced the expert testimony of a physician which included a description of the so-called "rape trauma syndrome."

The doctor was permitted to render his opinion that complainant's behavior...

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