Pennsylvania Supreme Court Rules Judge May Ask Every Juror During Voir Dire if They Can Convict on Victim’s Testimony Alone
Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire
The Pennsylvania Supreme Court recently addressed a major issue in jury selection in Commonwealth v. Walker: whether the trial judge or prosecutor may ask potential jurors during voir dire if they are willing to convict solely on the testimony of an alleged victim, provided they believe that testimony beyond a reasonable doubt. The Court upheld the trial court’s decision to allow this type of questioning and affirmed the defendant’s convictions.
While the Court’s ruling clarifies that such voir dire questions are permissible under Pennsylvania law, it also highlights the challenges defendants face in sex offense prosecutions, where corroborating evidence is often limited or nonexistent, but the prosecutors and even judges will repeatedly suggest to the jurors that they should not consider the absence of other evidence in deciding whether to convict even in cases where there should be other evidence.
Background of the Case
The case involved allegations by a young girl, M.W., that her mother’s boyfriend, the defendant, repeatedly sexually assaulted her beginning when she was ten years old. She later disclosed the abuse to family, a doctor, and eventually a teacher, which led to police involvement. She also tested positive for an STD.
The defendant was charged in 2019 with multiple sex offenses, including Rape of a Child, Statutory Sexual Assault, Sexual Assault, Indecent Assault of a Child, Endangering the Welfare of Children, and Corruption of Minors. After a jury convicted him of all charges, the trial judge sentenced him to more than thirty years in prison.
The Voir Dire Question
Before trial, prosecutors asked the court to allow the following voir dire question to prospective jurors:
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 defense objected, arguing that the question improperly previewed the evidence, misstated the law, and risked biasing jurors in favor of the Commonwealth. The trial court allowed the question, and the issue became the centerpiece of the defendant’s appeal.
The Superior Court and Supreme Court Decisions
The Pennsylvania Superior Court affirmed the trial court, relying on 18 Pa.C.S. § 3106 and the Suggested Standard Criminal Jury Instruction, both of which make clear that a sexual assault complainant’s testimony does not need corroboration. The panel reasoned that the question was designed to screen out jurors who incorrectly believed DNA, physical evidence, or corroborating witnesses are always required.
The Pennsylvania Supreme Court agreed. Writing for the Court, Chief Justice Todd explained that voir dire is meant to ensure jurors can be impartial and willing to follow the trial judge’s instructions. The Court emphasized the distinction between improper hypotheticals that probe jurors’ reactions to facts at issue in the case and permissible questions that confirm whether jurors can follow established legal principles. Because the voir dire question tracked Pennsylvania law and the standard jury instruction, the Court upheld the conviction.
The Takeaway
For the defense, this ruling is concerning because it allows the Commonwealth to reinforce a principle of law during jury selection that can diminish the presumption of innocence in the eyes of prospective jurors. It underscores that in Pennsylvania sexual assault cases, a complainant’s testimony alone, if believed beyond a reasonable doubt, may be sufficient for conviction. Of course, asking each juror about whether they could follow that instruction is helpful to the Commonwealth because it lets the Commonwealth remove jurors who may want more evidence, and for even those who agree to follow the instruction, it encourages them to disregard the failure to present any incriminating evidence other than the complainant’s word that something happened. Further, it differentiates sexual assault cases from other types of cases even though the rule that a complainant’s testimony may be enough always applies in every single case.
At the same time, the decision is a reminder of how critical jury selection is in these cases. Defense counsel must be prepared to carefully question prospective jurors about their ability to truly apply the reasonable doubt standard and to challenge any who may give undue weight to a single piece of testimony without considering the evidence (or lack thereof) as a whole.
Facing criminal charges or appealing a criminal case in Pennsylvania?
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