Sexual Assault Conviction Reversed Because Prosecutor Told Jury that Commonly Known Children Don't Report Sexual Assaults Right Away

Smith v. Commonwealth, 580 S.E.2d 481 (Va. Ct. App. 2003); 17(51) Virginia Lawyers Weekly 1291 (May 26, 2003)

The Virginia Court of Appeals overturned a sexual assault conviction because the trial court failed to specifically direct the jury to disregard a statement made by the prosecutor during jury selection that "it's commonly known that children don't report sexual assaults right away, if at all."  The court noted in this case the credibility of the victims was vital to the Commonwealth's case because only the victims' testimony proved defendant was the perpetrator of these assaults.
Furthermore, a major factor affecting their credibility was their delay in reporting the assaults to an adult...

Found in DMHL Volume 23 Issue 1