Commonwealth v. Daryl Boich 2009 PA Super 195 (10/06/2009)

Topic: Rape Charges – Sex Crime – Involuntary Psychiatric Evaluation of a Witness/Victim

Summary: A court may not compel a witness/victim to submit to an involuntary psychiatric evaluation unless the record shows a compelling need for the evaluation. Gaps in testimony, even if those gaps are attributed to the use of prescription drugs with alcohol, are an issue of credibility, not competence, and are therefore insufficient to justify an involuntary psychiatric evaluation.

*Note: Judge Klein’s dissenting opinion argues that where a judge is unable to determine whether a witness is competent due to an inability to interpret the evidence given, an involuntary psychiatric evaluation is justified.

http://www.aopc.org/OpPosting/Superior/out/e02004_08.pdf