Orgasm “Merely A Physiological Reaction To Physical Stimulation” Testimony Properly Received In Child Molest Case.

Defendant was convicted of molesting his step-daughter while his wife was out of the country. The victim said defendant has a bad temper and kept guns in the house, and she was afraid he would get angry if she refused. She said that although she experienced orgasms when he orally copulated her, she received no enjoyment. A prosecution expert testified an orgasm was merely a physiological reaction to physical stimulation. When asked if this meant a child could experience an orgasm while being sexually abused, the expert answered yes. On appeal, defendant claimed the expert was not qualified to give such testimony. In affirming defendant’s conviction, the appellate court said the expert was the clinical supervisor of a university-affiliated sexual assault treatment center and a specialist in the treatment of adolescent female sexual assault victims, and the trial court did not err by ruling the expert was qualified to offer that testimony. (People v. Austin (Cal. App. Second Dist., Div. 3; September 12, 2013) 219 Cal.App.4th 731.)