Does the Defendant have to undergo a psychiatric examination to determine the credibility of a witness in a sexual assault case?

California, United States of America


The following excerpt is from People v. Thomas, 167 Cal.App.3d 871, 213 Cal.Rptr. 537 (Cal. App. 1985):

Defendant urges that retrial be ordered and the victim should be made to undergo a psychiatric examination. (See Ballard v. Superior Court (1966) 64 Cal.2d 159, 171-177, 49 Cal.Rptr. 302, 410 P.2d 838.) He also argues that section 1112, which proscribes such an examination to test the witness' credibility, has been effectively overruled by the "Truth-in-Evidence" provision of article I, section 28, subdivision (d) of the California Constitution, enacted by the voters as Proposition 8 on June 8, 1982.

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