NCJ Number
137557
Journal
Law and Human Relations Volume: 16 Issue: 3 Dated: (June 1992) Pages: 293- 311
Date Published
1992
Length
19 pages
Annotation
A review of recent case law on the admissibility of rape trauma syndrome (RTS) evidence focuses on appellate court decisions and examines relevant psychological research.
Abstract
While there is no standard by which courts evaluate RTS testimony, in general it must be given by a qualified expert, it must help jurors in their decisionmaking, it must be scientifically reliable, and it must not be unfairly prejudicial to the defendant. Qualitative analyses of early case law demonstrate that arguments against the admissibility of RTS evidence have been made in regard to all four of these requirements. In recent court decisions, the potential prejudicial impact of such evidence has become its most controversial aspect. There has been some psychological research conducted relevant to judicial concerns about the scientific reliability of RTS evidence and studies designed to test judicial assumptions about helpfulness and prejudicial impact. Future directions for psychological research in these areas are recommended. 81 references (Author abstract modified)