The Pennsylvania Superior Court has decided the case of Commonwealth v. Walker. The Court held that a trial court may allow prospective jurors to be asked, during the voir dire process in a sexual assault case, if they could follow the legal principle that the testimony of an alleged victim standing alone, if believed, is sufficient proof to find the defendant guilty beyond a reasonable doubt. Jurors often receive an instruction similar to the question prior to deliberations, and many judges routinely ask this question prior to trial. However, this is the first time an appellate court in Pennsylvania has specifically held that it is appropriate for the trial judge to question each juror on whether they’d be able to follow that instruction, which reminds them that no evidence other than someone’s statement is required to convict, as part of jury selection.

The Facts of Walker

The complainant, who was eighteen-years old at the time of the trial, testified that in 2013, her mother was dating the defendant. The defendant would babysit the complainant and her infant sister while their mom was at work. She testified that the defendant would come into her room and sexually assault her. The defendant did this every other day. The victim told her mother and grandmothers. She also told her doctor. Her doctor tested her for STDs, and the test was positive. The complainant’s mother did not believe her and became angry with her. The complainant also disclosed to one of her teachers when she was sixteen years old.

The complainant testified that she remembered participating in a forensic interview, and she claimed at trial she had told the interviewer about the abuse. The defense played the video of the interview, however, and it showed that she had actually denied that the abuse occurred. After being confronted with that inconsistency, she insisted that she did not disclose the abuse at the time because she was afraid.  

The complainant’s grandmother and her high school teacher also testified that the complainant disclosed the abuse to them.

Prosecutors charged the defendant with various sex crimes in 2019. He proceeded by way of jury trial and was found guilty. The trial court sentenced him to 30.5 - 61 years’ incarceration. He appealed.

The Superior Court Appeal

On appeal, the defendant challenged the jury selection process. Specifically, the court asked each juror the following:

Under Pennsylvania law, the testimony of the alleged victim standing alone, if believed by you, is sufficient proof upon which to find the defendant guilty in a sexual assault case. Thus, you may find the defendant guilty if the testimony of the alleged victim convinces you beyond a reasonable doubt that the defendant is guilty. Would you be able to follow this principle of law?

The defendant argued that this question was improper. It conditioned the jurors to find him guilty without any other evidence other than the complainant’s testimony that he committed a sexual offense.

The Superior Court’s Decision

The Superior Court rejected this claim on appeal. It ruled the question was proper and trial courts have broad discretion when conducting voir dire. The Court disagreed with the defendant as to the purpose of the question. The Court found the question was aimed at identifying potential jurors who held fixed beliefs that would not be compatible with Pennsylvania law if they were unable to set aside those beliefs. The Court also found the question to be phrased properly as it identified the beyond a reasonable doubt standard as well as language from the statutory provision codifying the principle of law that oral testimony is almost always enough to convict if a crime so long as the testimony is believed by the jurors beyond a reasonable doubt. Further, the Court found that any issue with the voir dire question was cured by the trial court’s instructions explaining that the Commonwealth had the burden of proving each and every element of the crimes charged beyond a reasonable doubt.

Therefore, the Superior Court denied the appeal. It also ruled that the trial court properly sentenced the defendant, did not consider any improper factors during sentencing, and did not impose an excessive sentence.

This jury instruction is tough for the defense. Jurors do not have to convict in the absence of any corroborating evidence, but Pennsylvania law is very clear that they may convict based on testimony alone so long as they believe the testimony beyond a reasonable doubt. Many potential jurors are surprised to learn this and express that surprise when asked this question even if they believe they would be able to follow the instruction. The prosecution is then easily able to strike those potential jurors from the panel, making it more difficult for the defense to get jurors who would want to see some corroborating evidence before convicting based on oral testimony. It is important for the defense to follow up during jury selection or arguments and stress that jurors never have to convict based solely on testimony. They are free to disbelieve the testimony, and if they’re on the fence, they are free to insist on more evidence. The Superior Court, however, has now approved of asking each juror this question during jury selection.

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