People v. Tompkins

In People v. Tompkins (2010) 185 Cal.App.4th 1253, a police investigator testified that victims of long-term child sexual abuse may have difficulty remembering and distinguishing specific incidents. One of the victims, who was molested by her father over a period of years, had been unable to recall the number of incidents and the details of the specific incidents. (Id. at p. 1264.) The police investigator testified that victims "block out the majority of what happened" and have difficulty distinguishing between incidents. Defense counsel objected and the prosecution questioned the investigator about his expertise. The officer testified that he had been involved in many child molestation investigations over his ten years in law enforcement and had been present during interviews with molestation victims conducted by child investigation specialists. (Id. at pp. 1264--1265.) He had also taken a 40-hour course in the investigation of sex crimes against children. (Id. at p. 1265.) The Tompkins court held that even though the investigator did not have extensive academic credentials, he had substantial experience as a child sexual abuse investigator. (Ibid.) Any question about the degree of his knowledge went to the weight rather than the admissibility of the evidence and the trial court did not abuse its discretion in admitting the testimony. (Ibid.)