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Minnesota Judge Doesn’t Need a ‘Sexpert’

Thursday, April 24, 2008 1:51 PM - By Kashmir Hill

sexpert.jpgDr. Marty Klein is a sociologist and therapist who writes a blog on sex and some other stuff, called Sexual Intelligence. He was asked to testify in the trial of Dominic Jones, a University of Minnesota football star accused of rape, but the judge turned him away.

Jones was found guilty of fourth-degree criminal sexual conduct earlier this month, but his defense attorney, Earl Gray, plans to appeal the verdict, and here’s why:

Hennepin County District Court Judge Marilyn Rosenbaum did not allow Gray to call a sexual behavior expert, or to present evidence that the woman had sex with three other players that night, or describe what Jones was told by his upstairs neighbor Alex Daniels or to call a sexual behavior expert.

“The next time we try it, we will be able to give the jury a full picture of what happened that night,” Gray said.

Did the Star Tribune mean to repeat “call a sexual behavior expert” out of sheer disbelief, or was that a typo?

Apparently, Judge Rosenbaum pooh-poohed the whole sexpert field, and Dr. Klein is not happy about it. Here’s an excerpt from his blog:

Former University of Minnesota football player Dominic Jones is accused of sexually assaulting a woman by, among other things, ejaculating on her face while she was drunk.

Despite eyewitness accounts that the woman asked to be “rained on,” the State says it must be rape because no sane, sober woman would actually consent to such a perversion.

Jones’ attorney requested I testify as an expert witness about the many ideas and practices regarding ejaculation and semen (and faces) that have developed over the centuries.
…

[The judge] said even if I were an expert, such expertise wouldn’t be relevant to the case—that is, wouldn’t involve any special knowledge beyond what a typical jury member already knows.

In a single judicial gesture, Judge Rosenbaum dismissed an entire profession and its field of study.

We think Judge Rosenbaum was just acknowledging that we are all experts in the bedroom.

See Dr. Klein’s full rant after the jump.

Former Gophers player Jones acquitted of rape charge [Star-Tribune]
Minnesota Justice Paralyzed By Facial [Sexual Intelligence]

From Sexual Intelligence:

Former University of Minnesota football player Dominic Jones is accused of sexually assaulting a woman by, among other things, ejaculating on her face while she was drunk.

Despite eyewitness accounts that the woman asked to be “rained on,” the State says it must be rape because no sane, sober woman would actually consent to such a perversion.

Jones’ attorney requested I testify as an expert witness about the many ideas and practices regarding ejaculation and semen (and faces) that have developed over the centuries. The Chief Judge of the District Court approved the expenses for me to fly out.

But the State prosecutor pulled a legal technicality and challenged my expertise, and so the trial judge held a phone hearing. She was told I’d written five books about sexuality, trained almost 100,000 doctors and psychologists in sexuality, and done sex therapy and marriage counseling for about 30,000 hours.

And she turned me down. I hadn’t written any books on “facials.” I hadn’t taken any courses on “facials.” I hadn’t done any research studies of “facials.” It’s all true. Of course, no one has.

Denying my sexological expertise because I haven’t done research on facials—that’s like saying an experienced architect isn’t an expert because none of the houses she’s designed have rose bushes in the front.

But the judge didn’t stop there. She said even if I were an expert, such expertise wouldn’t be relevant to the case—that is, wouldn’t involve any special knowledge beyond what a typical jury member already knows.

In a single judicial gesture, Judge Rosenbaum dismissed an entire profession and its field of study.

Sexperts just don’t get the respect they deserve.

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