AI Case Brief
Generate an AI-powered case brief with:
Estimated cost: $0.001 - $0.003 per brief
Full Opinion
The opinion of the court was delivered by
In May 1990, defendants, Kevin Scherzer and Kyle Scherzer, twin brothers, were indicted, along with three co-defendants, Peter Quigley, Richard Corcoran, Jr., and John Maher, on various sexual assault charges allegedly committed against a mentally defective victim, M.G. In September 1990, the prosecutor’s application to have three juveniles, Christopher Archer, his brother Paul Archer, and Bryant Grober, tried as adults was granted. Therefore, in September 1991, a superseding indictment was obtained charging all eight defendants with second degree conspiracy to commit aggravated sexual assault (N.J.S.A. 2C:5-2 and 2C:14-2a(5), Count One); two counts of first degree aggravated sexual assault (sexual penetration of mentally defective person) (N.J.S.A. 2C:14-2a(5)(b), Counts Two and Four); two counts of first degree aggravated sexual assault (sexual penetration using physical force or coercion) (N.J.S.A. 2C:14-2a(5)(a), Counts Three and Five); and four counts of third degree aggravated criminal sexual contact (N.J.S.A. 2C:14-3a, Counts Six, Seven, Eight, and Nine).
Several Rape Shield Law hearings followed between July, 1992, and September 1992. Jury voir dire began on September 22, 1992, and the trial followed on October 15, 1992. On October 20, 1992, an in-eamera hearing was held on the admissibility, under the Rape Shield Law, of portions of tapes made of conversations with M.G. Following six days of jury deliberations, the trial concluded on March 16,1993. The three appellants, Kevin Scher-zer, Kyle Seherzer and Christopher Archer, were convicted of second degree conspiracy to commit aggravated sexual assault (Count One), and first degree aggravated sexual assault by force or coercion (Count Three). They were acquitted of Counts Four through Nine. In addition, Christopher Archer and Kevin Scher-zer were convicted of first degree aggravated sexual assault upon a mentally defective person (Count Two), and Kyle Seherzer was convicted of the lesser included offense of second degree attempted aggravated sexual assault. Bryant Grober, who has not appealed, was convicted of third degree conspiracy to commit aggravated criminal sexual contact and was acquitted of all other charges.
At sentencing on April 23, 1993, appellants’ convictions on Counts One and Two were merged into their convictions on Count
Kyle and Kevin Scherzer and Christopher Archer, appeal. Although the State also filed a notice of cross-appeal, it did not pursue its cross-appeal when it submitted its briefs in response to defendants’ briefs on appeal.
FACTS
M.G. lived in Glen Ridge most of her life, where she attended special education classes at the elementary and middle schools. In 1989, when seventeen years of age, she attended classes for the “edueably mentally retarded” at West Orange High School. She participated in athletics programs, such as softball and basketball, at Glen Ridge High School. Defendants were also Glen Ridge residents and M.G. had known them since grade school.
At trial M.G. testified that on the afternoon of March 1, 1989, she went to Carteret Park in Glen Ridge, to play basketball. There she saw the Archer brothers, Corcoran, and another boy. While she was shooting baskets, Christopher Archer, Grober, Quigley, and two other boys greeted her. In her direct testimony, M.G. said that Grober told her that if she went to the Scherzers’ basement with them she would get to go out with Paul. However, on cross-examination she said that she went up to Grober, placed her hand on his crotch, and said something to the effect of “Nice package you have there. Would you like a blow job?” On redirect, she stated the latter testimony was a lie, as she did not want to hurt people.
She said she walked to the Scherzers’ house with Christopher Archer, who put his arm around her shoulders. She viewed this as “romantic.” When they arrived, there were already “a lot of people” on the stairs and in the basement. Others started setting up chairs near the couch, while she and Grober sat on the couch. M.G. said that when some of the boys asked her to, she took off
Paul Archer, called on behalf of the defense, testified to a different account of the events. He said he and Quigley went to the park because he had heard some baseball players would be throwing the ball around. When they arrived, they went over to talk to the Scherzer brothers and some other friends who were on the basketball court. Soon afterward, Grober and Christopher arrived. Then M.G. arrived carrying a basketball and went directly to Grober. Paul overheard M.G. say, “Bryant, you’re really hot. You’re sexy. I like your bod[y]. You have a nice package.” Grober appeared startled. Paul said that in all the years he had known Grober, he had never before seen him engage in conversation with M.G. After M.G. made these comments to Grober, Paul saw her reach for Grober’s crotch, and Grober lunged back. M.G. then asked if Grober wanted a “blow job.” At first Grober did not take her seriously, but after they talked, he asked if she meant it.
Paul and Quigley walked to the Scherzers’ house, where there were “a couple of guys” playing Nintendo in the basement. Soon, Grober and M.G. appeared. Paul observed Grober drop his pants, and M.G. kneel down and perform fellatio. After a while, he saw Grober rest his hand on M.G.’s shoulder, but did not observe him exert pressure. Grober then moved his hand to the top of M.G.’s head, but once again no pressure was exerted. He did not hear M.G. say any words of resistance. According to Paul, the entire act took about thirty seconds. Grober then sat down and did not participate in any other sexual activity with M.G.
He said that as people started to leave, M.G. walked to him, pulled up her shirt and bra, and said, “Paul, don’t you like my breasts?” She asked him to touch them, but he refused. He said no one else touched her breasts, nor did he observe M.G. masturbating any of the boys or anyone doing anything with a stick. When M.G. asked if the boys wanted to “come back another day and do it again,” no one responded. Some of the boys said, “[YJou’re not going to say anything about this?” and she said no. He said that the entire incident, from the time M.G. first walked up to Grober at the park until she left the basement, lasted about twenty minutes.
Three boys who said they left the basement soon after the sexual activity began testified for the State. They agreed that M.G.’s activities with Grober, which is all they witnessed, appeared to be voluntary, as they did not see Grober use any force.
The first adult to whom M.G. related the incident was her swimming instructor, who testified that on March 3, 1989, after the swim class, M.G. came to talk to her, but seemed hesitant. M.G. said she had gone to a party during the week, that there were boys there, and that “something had happened.” When asked what happened, M.G. said she did not want to talk about it now. The next day the instructor talked to M.G. in the locker room. M.G. told her she had gone to someone’s basement and the boys asked her to “suck their dicks” and “stuck something up [her] butt.” The instructor told M.G.’s classroom teacher at West
M.G.’s mother took her to a gynecologist on March 14, 1989, however, a pelvic examination showed nothing abnormal. Her mother first met with the Glen Ridge police on March 22, 1989, and on March 27, 1989, M.G. and her mother met with Detective Sheila Byron. They brought a stick M.G. had brought home after the incident. Detective Byron became the principal investigator on the case.
M.G. gave the prosecution four statements—on April 7, May 5, May 18, and August 3, 1989. In the third statement the word “forced” in the phrase “additional acts were forced upon me” was crossed out and changed to “done.” The investigator who took the statement from M.G. testified that he made the change because he did not think she knew “what the concept of the word force was.” However, under cross-examination, M.G. testified that she requested the change because the acts were not forced on her.
M.G.’s fourth statement included her first accusation against Corcoran. She said she had not related this earlier because she had not wanted to get Detective Byron “in any trouble ... [with] her boss [who was related to Corcoran].” M.G. later told her mother that she had lied about Corcoran’s involvement. Her mother immediately relayed this to the police. After a June 6, 1-990, meeting at the prosecutor’s office to discuss M.G.’s recantation, Byron had a private conversation with M.G. during which M.G. retracted her recantation and said that Corcoran had put the stick inside her.
M.G. said she had recanted because “everybody is behind him [Corcoran],” or possibly because her mother did not believe her about Corcoran, or “it could have been Maricarmen [Ferraez] who told me to say Richie didn’t do anything.” This was the first
The State presented numerous witnesses who testified concerning M.G.’s personality, mental acuity, and the way she was perceived by others. A teacher who taught M.G. and other educable mentally retarded students at West Orange High School, said that M.G. functioned verbally on a second-grade level, had poor self-esteem, and was “very easily led” by people whom she hoped would like her. An instructor, who in 1982 taught tennis to a group of children that included M.G. and the Archers, all about eleven or twelve at the time, testified that the other children, including the Archers, would call M.G. “stupid” and “a retard.” He said that when he offered M.G. the opportunity to be in a different group, she said those boys were her friends and she wanted to be with them.
Dawn Lipinski, the sister of M.G.’s Mend Jennifer Lipinski, testified that “everyone knows that [M.G.] is different.” She also said that M.G. would “do anything that she’s asked to do” and that she had never heard her say no to any request. M.G.’s sister also said that everybody knew that M.G. was different. She testified that M.G. talks as if she is five or six years old, cannot follow simple instructions, and does not understand money. As an example of how easily led M.G. was, her sister said that when M.G. was five years old, a group of children, including Kyle and Kevin, persuaded her to eat dog feces.
M.G.’s mother testified about the social problems that emerged when M.G. was attending Columbia High School in Maplewood in 1987. She said M.G. would act the part of the class clown, setting
A guidance counselor at Columbia High School, testified about the sexual incidents in which M.G. was involved while at Columbia. M.G. told someone that “she wanted to be fucked,” she would regularly exchange sexual comments with a group of football players in the cafeteria, and someone once touched her breast in health class. After these incidents, the guidance counselor claimed to have told M.G. that she had a right to refuse to allow someone to touch her body, but she could not understand this concept, especially when the person touching her was a friend.
The young men who testified at trial about the incident, three for the State and one for the defense, Paul Archer, all acknowledged it was common knowledge that M.G. was different. She was described as hard to communicate with, and as “slower, simple,” something one could recognize after a few minutes of conversation. She associated mainly with younger children, was subjected to teasing, was the butt of jokes, was in special education classes, and was called “a retard.”
The State presented three expert witnesses: Dr. Susan Esqui-lin, a psychologist specializing in the area of sexual abuse; Dr. Gerald Meyerhoff, a psychiatrist specializing in the field of child and adolescent psychiatry and mental retardation in children and adolescents; and Dr. Ann Burgess, a registered nurse with a doctorate in psychiatric mental health nursing and a specialist in the field of rape trauma.
Dr. Esquilin administered an I.Q. test on which M.G. scored 64, the mildly-mentally retarded range. On the adaptive behavior test, which measures daily living skills, M.G. scored in the top half, when compared to other retarded people. According to Esquilin, M.G. had a high risk of victimization because “she so focused on what somebody else wants and needs and not what she feels she
Dr. Meyerhoff diagnosed M.G. as mildly-mentally retarded and suffering from attention-deficit hyperactivity disorder, residual state. He did not diagnose her as suffering from post-traumatic stress disorder, as defined in the Diagnostic and Statistical Manual of Mental Disorders III (“DSM III ”). In his opinion, M.G. was “mentally defective” because although she understood that she was engaging in conduct of a sexual nature, she did not understand that she had the right to refuse to participate in the sexual activity. His review of the Ferraez tapes did not alter his opinion. Under cross-examination he acknowledged M.G. was at times sexually aggressive because sexual activity fulfilled her need for friendship, which “was an important part of her life.” He also acknowledged that she was capable of lying and being deceptive.
Dr. Burgess, who had co-authored a pioneering study on rape trauma syndrome (“RTS”) in 1974, testified about the kinds of reactions she had observed in rape victims and how her observations served to dispel such common myths as that victims immediately report a rape or that all victims display an emotional demeanor after an attack. She said that adolescent rape victims often do not disclose information about rape immediately, especially when the assailant is known to them, because they have divided loyalties about the assailant and fear retaliation. Recantation may be a way of protecting the assailant from getting into trouble or for the victim to deny that the rape occurred.
One of the methods Burgess used when interviewing M.G. was an “event drawing series.” She used it to gain both visual and verbal information in a nonleading fashion. She had M.G. draw a
Additionally, Burgess testified that M.G. suffered from RTS, as M.G. reported the incident only to people with whom she felt safe, and because of the type of friendship she desired with defendants. The Ferraez tapes did not change her opinion because the leading, suggestive questions asked by Ferraez caused M.G. to answer in a way intended to please her friends. Burgess also believed that Ferraez’s inclusion in defendants’ social network pressured M.G. into recanting her accusation against Corcoran. Under cross-examination, Burgess acknowledged that RTS would fall under the category of post-traumatic stress disorder in the DSM III, a condition that Meyerhoff did not believe M.G. suffered from.
I
We first consider whether the judge erred in denying defendants’ judgments of acquittal and whether the jury’s verdicts were against the weight of evidence.
Rule 3:18-1 governs motions for a judgment of acquittal. In determining whether the motion should be granted, the trial judge must decide whether “a reasonable jury could find guilt of the charge beyond a reasonable doubt.” State v. Reyes, 50 N.J. 454, 459, 236 A.2d 385 (1967). The judge must view the State’s evidence, both direct and circumstantial, in its entirety and give “the State the benefit of all its favorable testimony as well as all of the favorable inferences which reasonably could be drawn” from that testimony. Ibid. In reviewing the judge’s determination, we can give no consideration to any evidence or inferences from the defendant’s case and must exclude from our consideration any improperly admitted evidence. Ibid.
The first count on which defendants were convicted is conspiracy. The Criminal Code provides:
A person is guilty of conspiracy with another person or persons to commit a crime if with the purpose of promoting or facilitating its commission he:
(1) Agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or
(2) Agrees to aid such person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.
[N.J.S.A. 2C:5-2(a).]
When the State prosecutes a defendant for conspiracy to commit a first or second degree crime, it need not prove that a defendant committed an overt act in pursuance of the conspiracy. N.J.S.A. 2C:5-2d. Therefore, because defendants were convicted of conspiracy to commit first and second degree crimes, the sufficiency of the evidence as to the commission of an overt act is not at issue. Ibid. The only question is whether a reasonable jury, viewing the State’s evidence in its most favorable light, could find beyond a reasonable doubt that defendants, acting with a purposeful state of mind, agreed to commit, attempted to commit, or aided in the commission of an aggravated sexual assault. Reyes, supra, 50 N.J. at 459, 236 A.2d 385.
The State presented considerable evidence that several of the boys who eventually ended up in the Seherzers’ basement, including Christopher Archer and Grober, approached M.G. while she was shooting baskets at Carteret Park and persuaded her to
There was ample testimony that defendants had known M.G. since grade school and were aware she was “slow.” M.G.’s own testimony, as well as that of the experts, Esquilin and Meyerhoff, portrayed a young woman who would do anything to please her friends, who considered almost everyone she spoke to a friend, and who was openly sexually aggressive.
A reasonable jury could infer from this evidence that defendants were aware of M.G.’s acquiescent nature and intellectual limitations and agreed to persuade her to join them in the Scherzer basement so that they could engage in sexual activity with her. Once there, each of the defendants participated in the activity as the others watched and offered encouragement and instruction. When they were done, they joined hands in a pact and instructed M.G. not to tell anybody about what had happened further evidencing their common purpose. Thus, the State’s evidence was sufficient to support a conviction for conspiracy to commit an
The judge also denied defendants’ motions for judgments of acquittal on the counts charging aggravated sexual assault under N.J.S.A 2C:14-2a(5)(a) and (b). The offenses are defined by the Code as follows:
a. An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:
(5) The actor is aided or abetted by one or more other persons and either of the following circumstances exists:
(a) The actor uses physical force or coercion, or
(b) The victim is one whom the actor knew or should have known was physically helpless, mentally defective or mentally incapacitated;----
[Emphasis added.]
Under N.J.S.A 2C:14-lc, “sexual penetration” can mean vaginal intercourse, fellatio, or insertion of fingers or objects into the vagina either by the actor or by the victim upon the actor’s instruction, with depth of insertion irrelevant to whether the crime was committed. In State in the Interest of M.T.S., 129 N.J. 422, 444, 609 A.2d 1266 (1992), the Supreme Court held that the definition of “physical force” in N.J.S.A 2C:14-2a(5)(a) is satisfied “if the defendant applies any amount of force against another person in the absence of what a reasonable person would believe to be affirmative and freely-given permission to the act of sexual penetration.” There need be no more physical force than that “inherent in the act of sexual penetration.” Ibid. Under N.J.S.A 2C:13-5, a person is guilty of criminal coercion if,
with purpose unlawfully to restrict another’s freedom of action to engage or refrain from engaging in conduct, he threatens to:
(7) Perform any other act which would not in itself substantially benefit the actor but which is calculated to substantially harm another person with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.
ÍN.J.S.A. 2C:13—5(a)(7).]
M.G. never testified that the sexual activity was done without her consent. There was no evidence that physical force without permission, as defined by M.T.S, supra, 129 N.J. at 444, 609 A.2d 1266, was used by defendants. Nor did we find it reasonable on the evidence presented to infer that force or coercion was engaged in by or on behalf of defendants. Persuasion is not coercion under N.J.S.A 2C:14-2a(5)(a) merely because the victim is mentally defective, as such conduct is specifically covered under subsection (b). Nor is there any indication that M.G. was in any way intimidated by the size or number of the boys present.
In any event, even if a judgment of acquittal were denied, Count Three, charging penetration using physical force or coercion, must ultimately fail as a manifest denial of justice. See R. 3:20-1. Paul Archer and two other boys present testified to the absence of force and the voluntariness of M.G.’s actions in the Scherzer basement. M.G.’s own testimony fails to support a finding of force or coercion. She said on direct that she went to the basement because Grober said she would be able to go out with Paul Archer if she did. Even if defendants did lure her to the basement with promises of a date with Paul, the trial judge correctly instructed the jury that being promised a date with Paul was not enough to
However, a different conclusion results as to Count Two. N. J.S.A. 2C:14-l(h) defines “mentally defective” as a condition that renders one “temporarily or permanently incapable of understanding the nature of [one’s] conduct, including, but not limited to, being incapable of providing consent.” The Supreme Court clarified this definition in State v. Olivio, 123 N.J. 550, 564, 589 A.2d 597 (1991) by specifying that the mentally defective person must be “unable to comprehend the distinctively sexual nature of the conduct, or incapable of understanding or exercising the right to refuse to engage in such conduct with another.” Thus, as to this count, the inquiry is whether the State presented sufficient evidence for a reasonable jury to conclude that defendants, knowing that M.G. was mentally defective, purposely engaged in sexual penetration while aided or abetted by at least one other person.
The State presented two experts, Doctors Esquilin and Meyer-hoff, who expressed their opinion that M.G. was mentally defective under the Olivio standard because, although M.G. understood that she v/as engaging in conduct of a sexual nature, she did not understand that she had the right to refuse. Defendants had
M.G.’s friends, family, and teachers testified to her inability to say no to any request because she wanted to please people and to her use of sexuality to make friends. Lipinski said she had never heard M.G. say no to any request. M.G.’s sister related an incident that occurred when M.G. was five years old—a group of children, including Kyle and Kevin, persuaded her to eat dog feces—as an example of how easily led she was. M.G.’s mother testified about phone calls of a sexual nature that M.G. received from Christopher Archer. M.G.’s high school guidance counselor testified that after she learned M.G. was engaging in sexual conversations with a group of football players in the cafeteria and had allowed someone to touch her breast in health class, she told M.G. that she had a right not to allow someone to touch her body, but that she did not appear to understand the concept, especially when the person touching her was someone she considered to be a friend.
The State presented ample evidence that all three defendants were aware of M.G.’s acquiescent nature in sexual and other matters and that they had taken advantage of that aspect of her personality in the past. Even if they could not be expected to have labeled her as “mentally defective,” they, as reasonable young persons were shown under the circumstances presented to have known that M.G. did not understand that she could say no to a request. This we hold to be sufficient under N.J.S.A. 2C:14-2a(5)(b).
There was no dispute that vaginal penetration of M.G. occurred, and according to M.G.’s testimony, all three defendants were involved in either preparing, inserting, or trying to insert, either the broom handle or the bat into M.G. while she lay on the couch. That the bat may not have actually entered M.G. is
Under Rule 2:10-1, “the issue of whether a jury verdict was against the weight of the evidence shall not be cognizable on appeal unless a motion for a new trial on that ground was made in the trial court.” Defendants did not make such a motion before the trial court, and, therefore, we need not consider it. Nonetheless, as is evident from our earlier discussion, we have considered the merits of defendants’ arguments in the interest of justice. State v. Smith, 262 N.J.Super. 487, 511, 621 A.2d 493 (App.Div.), certif. denied, 134 N.J. 476, 634 A.2d 523 (1993). We conclude that as to the convictions on all counts other than Count Three, it does not appear “that there was a miscarriage of justice under the law.” R. 2:10-1.
Quite the contrary, the evidence weighed heavily in favor of the jury’s verdicts. Only on the force or coercion count, was there insufficient evidence of the use of force or coercion. On the basis of the permissible evidence presented to the jury, we conclude that the jury could rationally have found that all the elements required to prove the remaining counts on which defendants were convicted were proved beyond a reasonable doubt and that the jury’s verdicts were not against the weight of evidence.
II
Defendants maintain the trial judge did not limit Dr. Burgess’s testimony on the RTS to the only appropriate use of the testimony, i.e., to rehabilitate M.G.’s credibility by explaining that delayed reporting and recantation are not inconsistent with a claim of rape. Burgess was allowed to testify that M.G. exhibited RTS.
N.J.R.E. 702 (formerly Evid. R. 56(2)) provides:
If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.
There are three requirements for the admission of expert testimony: (1) it must concern matters “beyond the ken” of the average juror; (2) the scientific theory must be sufficiently reliable (generally accepted in the appropriate profession); and (3) the expert must have sufficient expertise. State v. Kelly, 97 N.J. 178, 208, 478 A.2d 364 (1984).
New Jersey courts have not directly ruled on the admissibility of RTS evidence, however, in State v. J.Q., 130 N.J. 554, 581, 617 A.2d 1196 (1993), our Supreme Court analogized its ruling on the admissibility of Child Sexual Abuse Accommodation Syndrome (“CSAAS”) to the approach followed by other jurisdictions on RTS evidence. In J.Q., supra, 130 N.J. at 580, 617 A.2d 1196, the Court held that because CSAAS “has a limited, therapeutic purpose and not a predictive one,” it could not be used as affirmative evidence that molestation had occurred, but could only be used for the limited purpose of explaining why a child’s reactions “are not inconsistent with having been molested.” In a subsequent child sex abuse case, we explained that
the role of CSAAS evidence is the other side of the coin of fresh complaint evidence and fulfills the same function, namely, to respond to preconceived but not necessarily valid ideas jurors may have regarding the consistency of the post-assault*409 conduct of a victim who claims to have been sexually abused with the fact of an actual act of abuse.
State v. W.L., 278 N.J.Super. 295, 302, 650 A.2d 1035 (App.Div.1995).
The trial judge sought to follow the mandate of J.Q. He prohibited Burgess from giving her opinion as to whether M.G. was sexually assaulted, or to testify about other symptoms of the syndrome that she might have exhibited. Only one aspect of his ruling appears unacceptable. He allowed Burgess to testify that M.G. “exhibited the rape trauma syndrome.” He stated its use was to help the jury determine credibility “as it may relate to any delay in reporting or partial recantation.”
In J.Q., supra, 130 N.J. at 559, 617 A.2d 1196, because the expert was allowed to offer her opinion at trial that the children had been sexually abused, the Court reversed without addressing the issue of whether an expert opinion that someone had exhibited symptoms of the syndrome was also inadmissible. However, in other appeals involving CSAAS, we have indicated that such an opinion would be inadmissible. In State v. Michaels, 264 N.J.Super. 579, 604, 625 A.2d 489 (App.Div.1993), aff'd, 136 N.J. 299, 642 A.2d 1372 (1994), we held it was error for the prosecution to present expert testimony that specific children had demonstrated behavioral indicators “consistent with” those of abused children. In W.L., supra, 278 N.J.Super. at 303, 650 A.2d 1035, we found it plain error for the expert to explain the syndrome by tracking the child’s testimony, “underscoring in the jurors’ minds the notion that these behaviors were probative of the fact of abuse.” In State v. W.L., Sr., 292 N.J.Super. 100, 112-18, 678 A.2d 312 (App.Div.1996), we held it was error for the expert to testify that she had diagnosed the victim as suffering from post-traumatic stress disorder, which is not inconsistent with a victim of sexual abuse.
The danger of allowing such opinion evidence is explained in State v. Taylor, 663 S.W.2d 235, 240 (Mo.1984), where the court said that an inherent implication of the term “rape trauma syndrome” is that the syndrome can only be caused by Additional Information