STATE V. HENRY, 495 S.E.2d 463 (S.C.CT.APP. 1997)

Procedural Posture

Defendant was convicted in the Circuit Court, he appealed. Case was then sent to the Court of Appeals.

Facts
Between October 15, 1986, and Christmas of that same year, when Victim was eleven years old, Henry began to molest Victim by touching her on her breast, thighs, and vagina. On February 7, 1991, Victim had a conversation with her younger sister, Tinita. As a result of this conversation, in the early morning hours of February 8, 1991, Victim told her mother Henry had molested her.

Issue

Did the trial court err in qualifying a psychotherapist with a specialty in child sexual abuse as an expert witness to give opinion testimony in regard to the diagnosis of PTSD?

Holding We hold a psychotherapist with a specialty in child sexual abuse may be qualified to give an opinion in regard to PTSD any defect in the amount or quality of Badger's education, training, or experience goes to the weight to be accorded her testimony, not to its admissibility. Accordingly, Henry's conviction is hereby affirmed.

Rationale

Under Honea v. Prior, 295 S.C. 526, 369 S.E.2d 846 (Ct.App.1988), State v. Schumpert, 312 S.C. 502, 435 S.E.2d 859 (1993), and State v. Myers, 301 S.C. 251, 391 S.E.2d 551 (1990), the relevant inquiry concerning qualification of the proffered expert is whether the witness possesses the necessary skill, learning, education, training, knowledge, or experience to enable the witness to give opinion testimony.