A psychology expert testifying for Lyndreth Wall’s defense said Friday that people often misinterpret nonverbal sexual cues and may later reshape their memories based on emotions or hindsight.
Her testimony stood in contrast to the prosecution’s sexual-assault expert, who took the stand the day before.
“Sexual compliance means you don’t prefer it, but we do it voluntarily. When we look back in hindsight the emotions we feel color that,” said Deborah Davis, an expert for the defense.
Attorneys for Wall continued defending the former Ute Mountain Ute leader on the 10th day of his federal sex-abuse trial.
So far, six women have accused the former councilman of sexual abuse during what they believed were spiritual healing sessions. The focus is now on the defense, who say the women lied and some were having consensual affairs with Wall.
The courtroom Friday shifted between tense and measured moments as attorneys debated which of Davis’ opinions the jury could hear and the scope of prosecutorial questioning.
Davis, a psychology professor at the University of Nevada, Reno, qualified as a defense expert on sexual assault, traumatic memory and counterintuitive victim behavior.
She said her research focuses on how people often rely on indirect cues to interpret consent, which are frequently misunderstood, and how memories can be reconstructed over time.
Her testimony sharply contrasted with that of the prosecution’s final witness, Sarah Deer, who addressed how sexual assault victims respond to trauma and the misconceptions about how they are expected to behave afterward.
“People can honestly disagree. In order for people to agree that there is or isn’t consent, one person has to communicate it and one person has to understand it,” Davis testified Friday.
Davis said people often signal consent or nonconsent through indirect, nonverbal cues – such as physical touch, relationship history and setting – which are frequently misread. She added that individuals may assume their discomfort is obvious when it isn’t, and that memories can be reshaped over time.
Her testimony supports the defense’s argument that the encounters were consensual or later reinterpreted, not criminal assaults.
The defense sought to block the government from referencing her work on Harvey Weinstein’s and Bill Cosby’s cases, calling it prejudicial.
The government insisted that questioning spoke to her professional bias and credibility and therefore it was a fair line of inquiry. Judge Gordon Gallagher allowed the work history into evidence.
“You have consulted with Harvey Weinstein’s case. … And how much were you paid for that work?” asked Assistant U.S. Attorney Jeffrey Graves during cross-examination.
Davis replied she had not yet been paid, but the bill, including expenses, totaled about $21,000.
Tensions flared at times during cross-examination and redirect, as both sides interrupted. Graves repeatedly objected to Davis’ lengthy answers, accusing her of giving narrative responses. Judge Gallagher overruled most of the objections.
On direct examination, Davis said memory can be shaped by emotion, and that people may later view an encounter as less voluntary if they come to feel fear, disgust or embarrassment.
“Memory is the story you tell yourself about what happened. The actual ability to replay the event fades very quickly,” Davis said.
“A person who is re-interviewed by law enforcement several times over a few years … could that impact their memory?” defense attorney Summer Woods then asked.
“People’s memories change based on suggestions in interviews, and what they say in interviews very much depends,” Davis replied.
“You would agree with me that your work on memory is politically charged? People vigorously disagree with it?” Graves asked during cross-examination.
“You’d have to clarify. There are certain things people agree with and certain things people disagree with,” she replied.
During cross-examination, Graves pressed Davis on her lack of clinical experience with sexual assault victims and quoted from one of her recent academic publications, which cited Oscar Wilde: “Everything in this world is about sex, except sex. Sex is about power.”
“The powerful are more likely to infer sexual consent in an ambiguous situation?” Graves asked.
“Not categorical – it’s a rating scale. They rate a woman’s willingness higher if they are feeling more powerful,” Davis replied.
“You said alcohol indicates consent?” Graves asked.
“Like I said, it is a cue that makes it more likely. Anyway, it’s just words. Or technical words,” she replied.
Court adjourned after Davis stepped down from the stand. The trial will pause for a week due to scheduling conflicts. The defense is expected to resume calling witnesses at 8 a.m. Nov. 17. Judge Gallagher told jurors Friday that closing arguments could begin as early as Nov. 18.
