NCJ Number
244052
Date Published
May 2013
Length
7 pages
Annotation
After explaining the provisions and rationale for Pennsylvania's law (enacted in June 2012) that allows expert testimony to explain victim behavior in sexual assault cases, recommended practices for such expert testimony are outlined.
Abstract
The rationale and necessity for such a law is the pervasiveness of rape myths and misperceptions that research has shown to influence jury decisionmaking in sexual assault cases. The most prejudicial myths about rape and rape victims are that credible rape victims will report their rape immediately; will have physical injuries, particularly in the genital area; will have had no prior relationship with the alleged offender; and will display appropriate emotions on the witness stand. Such prejudicial misperceptions of a sexual assault and victim behavior during and after the assault can be addressed through expert testimony about the variation among sexual assault cases regarding the victim-offender relationship, victim resistance patterns prior to and during the rape; and victim emotions and behaviors following the attack. Regarding recommended practices for the use and content of expert testimony regarding rape victim behaviors, this paper advises that the use of experts will vary according to the laws of a particular jurisdiction and the specific circumstances of the case.; however, a review of other jurisdictions' case law is used to outline recommended practices for expert testimony in sexual assault cases. Attention is given to the qualification of the expert witness and the focus of the expert's testimony. The testimony should be based on objective observations by the expert and his/her specialized knowledge about common reactions of sexual assault victims. The testimony should not refer to the victim's behavior as a syndrome. This may be interpreted as a pathological condition that may cause the defense and jurors to question the victim's credibility. 29 notes