Dinkins v. State, 69--599
| Decision Date | 17 February 1971 |
| Docket Number | No. 69--599,69--599 |
| Citation | 244 So.2d 148 |
| Parties | Nathan Donald DINKINS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Walter N. Colbath, Jr., Public Defender, and Norman J. Kapner, Asst. Public Defender, West Palm Beach, for appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and Rodney Durrance, Jr., Asst. Atty. Gen., West Palm Beach, for appellee.
Appellant was indicted for rape but his jury trial resulted in a conviction of assault with intent to commit rape. The court's denial of two of defendant's pretrial motions formed the basis of the points raised on this appeal from the judgment.
Prior to trial the defendant filed a motion for an order requiring the prosecutrix to submit to a psychiatric examination. The motion was supported by affidavit of a psychiatrist to the effect that the ends of justice would be served by the court requiring such an examination. The psychiatrist was one of the two who, having been appointed pursuant to F.S. section 917.01, F.S.A., had examined defendant and found him competent to stand trial. The court denied the motion on the grounds that it had no authority to order the alleged rape victim to submit herself to a psychiatric examination. The denial of such motion is assigned as error.
Although appellant contends that it was error for the court to rule that it was without discretion to order the prosecutrix to submit to a psychiatric examination, the real issue is whether the court erred in denying the appellant's motion for an order requiring prosecutrix to submit to a psychiatric examination. We view such as the real question because even should we agree with appellant that the court erred in holding that it had no discretion in the matter, it would not be a basis for reversal unless there was a clear showing that such discretion had been abused.
Our attention has not been directed to any authority in this jurisdiction, whether statute, rule or precedent, giving the court power to require the prosecutrix in a rape prosecution to submit to a psychiatric examination for the purpose of furnishing a possible basis of impeachment. A number of eminent writers have advocated the desirability of the court possessing and mandatorily exercising such power. These writers and their respective works are discussed at length in the opinion by the Supreme Court of California in the case of Ballard v. People, 1966, 64 Cal.2d 159, 49 Cal.Rptr. 302, 410 P.2d 838, and in an annotation entitled 'Requiring Complaining Witness in Prosecution for Sex Crime to Submit to Psychiatric Examination' in 18 A.L.R.3d 1433. See also State v. Clasey, 1968, 252 Or. 22, 446 P.2d 116. By statute, F.S.1969, section 801.161, F.S.A., courts of this jurisdiction have discretionary power, upon motion of a defendant charged under the Child Molester Act, to order a psychiatric examination of the complaining witness before trial. Cf. Wilk v. State, Fla.App.1969, 217 So.2d 610. But the statute is not reasonably susceptible of being construed as a statutory grant of power to the court to require the prosecutrix in a rape case to submit to psychiatric examination before trial upon request of the defendant.
The qualifications of the text writers whose works on this subject are listed in the above citations are such that we do not take lightly the views which they advocate. Nonetheless, it strikes us as sound, in the absence of either express statutory authority or court rule permitting such, or in the absence of such strong and compelling evidence of mental or emotional instability of the prosecutrix that denial of a psychiatric examination could amount to a denial of due process of law, that the court should not subject the prosecutrix to such an examination. Thus, while we do not expressly reject the concept of the court possessing inherent power to require such an examination under the most compelling of circumstances where it is necessary to insure a just and orderly disposition of the cause, we would discourage the practice in any but the most extreme instances.
In the instant case, there was absolutely no showing that psychiatrix examination of the prosecutrix was essential to prevent a manifest miscarriage of justice. At best there existed the affidavit of a psychiatrist who, having examined the defendant and heard his version of the affair, stated that the defendant's version was credible and that...
To continue reading
Request your trial
-
Gale v. State
...P.2d 532 (1984); State v. Wahrlich, 105 Ariz. 102, 459 P.2d 727 (1969); McDonald v. State, 307 A.2d 796 (Del.Super.1973); Dinkins v. State, 244 So.2d 148 (Fla.App.1971); State v. Kahinu, 53 Haw. 536, 498 P.2d 635 (1972), cert. denied 409 U.S. 1126, 93 S.Ct. 944, 35 L.Ed.2d 258 (1973); Peopl......
-
State v. Romero
...a psychiatric examination for impeachment purposes, no abuse of discretion occurred in the denial of defendant's motion. Dinkins v. State, 244 So.2d 148 (Fla.App.1971). I agree with Dinkins that a compelling circumstance arises where there is a "showing that psychiatric examination of the p......
-
Com. v. Alston
...(superseded by statute as stated in People v. Haskett, 30 Cal.3d 841, 180 Cal.Rptr. 640, 640 P.2d 776 (1982)); see also Dinkins v. State, 244 So.2d 148 (Fla.App.1971) (victim of sexual assault should be required to undergo psychiatric examination only under compelling and extreme circumstan......
-
Rodriguez v. State, 83-2066
...that the trial court correctly denied the motion to suppress. State v. M.N.M., 423 So.2d 987 (Fla. 3d DCA 1982); Dinkins v. State, 244 So.2d 148 (Fla. 4th DCA 1971). Reversed and remanded for a new 1 See Fla.Std. Jury Instr. (Crim.) 3.06.2 The record does not reflect whether (1) the jury ad......