Can a Detective Testify As An Expert About Sexual Battery In a Homicide Case ?
In Dailey v. State, 594 So. 2d 254 (Fla. 1991), a detective admitted as an expert in a homicide and sexual battery case testified during the penalty phase.
He testified that "because the victim's body was found nude and her clothing scattered, it was highly likely that a sexual battery or attempt had occurred." Id. at 258.
This Court rejected the defendant's argument on appeal that the testimony was within the common understanding of the jury, holding that because the detective "had extensive training and experience in homicides and sexual batteries[,] his expert testimony was helpful in consolidating the various pieces of evidence found at the crime scene." Id.;
See also Smith v. State, 28 So. 3d 838, 34 Fla. L. Weekly S681 (Dec. 17, 2009) (upholding admission of expert opinion that aspects of the crime scene were consistent with a sexual battery having occurred).