In re T.R.B

In In re T.R.B., 157 N.C. App. 609, 582 S.E.2d 279 (2003), appeal dismissed and disc. review improvidently allowed, 358 N.C. 370, 595 S.E.2d 146 (2004), a pediatrician testified that a child had recounted acts of sexual abuse to her, but that her physical exam indicated no physical or medical signs of abuse. The pediatrician was then asked: PROSECUTOR: And how did your findings on the physical exam compare with the interview that you had with the child. PEDIATRICIAN: It's consistent because there - often times physical evidence and history do not collaborate. So lots of times you don't find physical evidence even if there has been some penetration unless you can - I mean, sometimes you will see tears and you will see scars and you will see some increase in anal tone, but that's not necessarily a given. Id. at 617, 582 S.E.2d at 285. The respondent argued that such testimony "had the effect of vouching for the child's credibility." Id. The Court disagreed, holding that the admission of this testimony "was neither error nor plain error." Id. at 618, 582 S.E.2d at 286.