Appeal from the Judgment of Sentence entered February 5, 1987 in the Court of Common Pleas of Montgomery County, Criminal Division, at No. 1352-85 1351.1-85 thru 1352.15-85.
Douglas M. Johnson, Assistant Public Defender, Collegeville, for appellant.
Mary M. Killinger, Assistant District Attorney, Norristown, for Com., appellee.
Del Sole, Montemuro and Hester, JJ. Montemuro, J., files a dissenting opinion.
[ 368 Pa. Super. Page 519]
The instant appeal follows the judgment of sentence in which Appellant received six to fifteen years imprisonment for Rape, Involuntary Deviate Sexual Intercourse, Incest, Statutory Rape and related offenses.
Appellant requests this court to grant him appellate relief in the form of a new trial. Appellant attempts to substantiate this claim by advancing three counts of error allegedly committed by the trial court. They are:
1. the trial court erred in allowing a clinical social worker to testify as an expert witness as to factors in assessing the credibility of victims, and in regard to the effects of intrafamilial sexual relations on victims;
2. the trial court erred in denying defense counsel the opportunity to question a Children and Youth Service worker concerning the identity of the person who reported the abuse; and,
3. the trial court erred in denying Appellant's motion for a mistrial when a witness made reference to Appellant's prior incarceration.
Initially, Appellant challenges the expert testimony of Maddi-Jane Sobel which concerned the dynamics of intrafamily sexual abuse and behavioral patterns of the victims.*fn1 Ms. Sobel was a clinical social worker who specialized in the area of incest and sexual abuse. Appellant does not dispute the competency of this witness to testify on this subject matter. Instead, it is Appellant's position that Ms. Sobel's testimony, as presented at trial, encroached upon the province of the jury.
We begin with our appellate scope of review. It is axiomatic that the admission or ...