Question: What is an expert witness in Texas and why would there be a need for one in a sex crime case?

Answer: An expert witness is a witness the defense or state would hire to talk about an issue in a case to assist the jury in understanding it. The prosecution almost always has an expert witness. You may or may not need an expert witness in your case; it depends on the facts of your case. There’s limitations on what an expert witness can say. An expert witness cannot say they think the child is lying or in their opinion they think a child is lying. What an expert witness can say is a victim child’s actions after the allegation are not consistent with that of a child that was sexually assaulted. An expert witness can also review the medical records and discuss whether or not, in that expert’s opinion, the trauma or lack of trauma is consistent with a child that has been sexually assaulted. What it amounts to is, some cases require an expert witness, and some do not; it’s dependent on the facts of each case.

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