TexasFilly wrote:
Therefore, if one juror believes that the Defendant was sexually abused by her father (and apparently her brother, and maybe every male teacher she ever had, who knows?), and it so traumatized her that she engaged in his illogical coverup of an accidental death, it could preclude the jury from convicting the Defendant on the murder charges.
This is an interesting issue. I think the sexual abuse defense is going to be ripped to shreds by the DA. It won't be hard to find many experts who will shred this defense. I am sure that experts can be found who will state that Casey's behavior
could be explained by sexual trauma or sexual trauma combined with the trauma of a child's death, but the majority of experts aren't going to be able to support what the defense is charging.
Unless.....
the defense claims that Casey has been experiencing periods of dissociation. This is the only way that I can find for the defense to make the "sexual abuse made my client a pathological liar who did whatever her father told her to do and was then able to act as if her daughter was alive and well for 31 days" defense work. The only psychological disorder that I can think of that could explain Casey's behavior
after Caylee's death would be to claim that Casey was already vulnerable to dissociation because of the sexual abuse she suffered. Thus, after finding Caylee dead, Casey dissociated until her mother called 911, and that confrontation by her mother snapped Casey back to reality.
While some victims of sexual abuse do dissociate during their assault, dissociative disorders are extremely rare. 1 out of 3 women are sexually assaulted in their lifetime; one out of five boys are sexually assaulted during childhood. Sexual abuse, even the reoccurring type that Casey claims occurred rarely causes dissociative disorders.
I think that this is the defense teams last option to defend Casey. I don't think they really know where they are going with their psychological defense. I think that the defense didn't know that they were going to be forced to claim that Casey knew Caylee was dead the moment she died until the jury was officially selected and they had a clear idea of what exactly the DA was going to do. I think this is a last minute defense and that they are flying by the seat of their pants. The sexual assault claim has been around for over a year; I think that was shared with the public in an attempt to explain why Casey lies so much. I don't think that the sexual assault claim was going to be the key to the entire defense.
While the defense will be able to find experts to support that Casey repressed memories of sexual abuse, they will have an extremely difficult time finding
good experts who can strongly argue that such abuse would lead to the kind of dissociation that is required for this defense to work. The death of a child could cause dissociation. But Casey's behavior for 31 days after the death of Caylee just doesn't support that she was in a dissociative state for 31 days. Casey was too high functioning to be in a dissociative state for 31 days. Her behavior didn't radically change after the search for Caylee began.
I don't see how the defense can make an "I lie because I was abused and lied about my child's death because I am a pathological liar" defense work without claiming that dissociation was involved, and that that dissociation let Casey appear as if nothing happened. Casey's boyfriend and friends stated on the bench that Casey was her same old self during those 31 days. If Casey was dissociating, she wouldn't have been her same old self.
TFB Legal Team, what do you think about the success of a ""I lie because I was abused and lied about my child's death because I am a pathological liar" defense? Does the jury have to come to a unanimous decision to find Casey guilty of murder? If I am correct, they have to come to a unanimous decision to sentence her to death, but do they have to all agree that she is guilty of murder for the court to find her guilty of murder? If they don't have a unanimous decision, how many members of the jury have to say that Casey is guilty of murder in order for the court to find her guilty of murder? Finally, how fucked up is Casey's defense team? Are they capable of pulling this off?