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.