People v. Scholl

In People v. Scholl (1964) 225 Cal. App. 2d 558, the defendant sought to cross-examine a molestation victim's mother by inquiring if she had complained of advances made to her by various men. (People v. Scholl, supra, 225 Cal. App. 2d at p. 562.) The appellate court found it was error to reject this proffer: "We know that, for some women, the normal concern for the welfare of their child may take an aggravated form. If the mother is abnormally oriented toward sexual conduct, and has an abnormal fear of and reaction to sexual relations, she may, quite unconsciously, build up, in her own mind, a quite innocent act or caress into a grievous wrong." (Id. at p. 563.) The court, noting there was no evidence corroborating the child's story, concluded: "Under these circumstances, it seems to us error to deny to the defendant a reasonable opportunity to explore the not impossible existence of such a morbid fear of sexual acts in the mind of the mother as to make the charge a creature of that morbidity." (Id. at p. 564.)