Rape trauma syndrome as scientific expert testimony

Abstract

Behavioral science studies conducted on rape victims reveal a posttraumatic stress disorder which follows the attack known as rape trauma syndrome. Evidence of rape trauma syndrome can be very useful in explaining the behavior of rape victims. Rape trauma syndrome can help corroborate the victim's assertion of lack of consent and also help the jury understand the typical reactions of rape victims. Courts have held that expert testimony of rape trauma syndrome is admissible as evidence of (i) lack of consent, (ii) the amount of damages in civil suits, (iii) a defense to culpable behavior, and (iv) an explanation for behavior of the victim that is inconsistent with the claim of rape. Rape trauma syndrome meets the requirements for admissibility when it is used for the proper purpose and with adequate safeguards to prevent any unfair prejudice. Based on case precedent on the admissibility of rape trauma syndrome as scientific expert testimony, rape trauma syndrome should be admissible if (i) the evidence presented only shows the typical reactions to rape and does not make any legal conclusions as to whether the victim was raped, (ii) the expert is qualified, (iii) a proper foundation is laid, (iv) liberal cross-examination of the expert is allowed, and (v) the defense can introduce its own expert testimony on rape trauma syndrome.

Framing the Victim

“…Although the majority of people who have not experienced rape or other trauma believe that they understand how a 'real' victim would react to such a situation*the 'CSI effect', as rape theorist Joanna Bourke terms it (2007, 398)*in practice this is often not the case, and their assumptions fail to take into account the variety of individual responses and coping mechanisms displayed (Frazier and Borgida 1988). For this reason, many legal scholars (Block 1990;Kennedy 1992;Temkin 2002;Tetreault 2006) suggest that expert testimony should be used to explain common responses, such as delay in reporting and RTS.…”

The Utility of the Expert Witness in a Rape Case: Reconsidering Rape Trauma Syndrome

“…Consistently, appeals courts have ruled any expert testimony attempting to prove lack of victim consent or crime occurrence is inadmissible. Many courts have disallowed any RTS testimony at all, deeming the evidence inadmissible as it has been judged unreliable, prejudical, and unhelpful to the jury (Block, 1990).…”

“…For the expert in a rape case relying on PTSD, it may be difficult to link the presentation of the PTSD symptoms specifically to the trauma of the rape, as PTSD can be induced by any number of unspecified, traumatic events (Block, 1990). Therefore, the defense may argue an alleged rape victim who exhibits PTSD symptoms may have experienced other traumatic life events but not necessarily a rape.…”

“…Whether or not a rape victim develops RTS depends on a variety of person and event variables including the victim's age, the relationship between victim and perpetrator, and the meaning attributed to the rape by the victim and others in his/her life (Block, 1990). While others have argued that a victim's traumatic response to rape is more likely related to pre-rape psychological factors instead of the rape experience itself (Regehr, Marziali & Jansen, 1999), Herman (1992) disagrees and counters with, "the most powerful determinant of psychological harm is the character of the traumatic event itself; individual personality characteristics count for little in the face of overwhelming events" (p. 57).…”

Source Credibility and the Language of Expert Testimony1

“…Social framework testimony, in contrast, draws on general research results to construct a frame of reference, or framework, in order to assist jurors in their evaluation and interpretation of specific trial facts. Walker and Monahan coined the term to describe the similarities among the types of social science evidence that have been used in court for such issues as predictions of dangerousness (e.g., Wyda & Black, 1989), battered child syndrome (e.g., Hicks, 1987), rape trauma syndrome (Block, 1990), psycholinguistic meaning (Miron, 1990) and battered woman syndrome (Coffee, 1986(Coffee, -1987.…”