This monograph recommends practices for addressing victim behavior in a sexual or domestic-violence prosecution, as well as providing an accurate context in which a jury can assess a victim's behavior.
The first chapter addresses the prevalence of myths surrounding sexual and domestic violence and the impact of these myths on juror assessment of victim credibility and verdicts. Among the myths identified are that rapists are most often strangers who brutally attack their victims after stalking them, unwilling victims can find ways to avoid being raped, and alleged victims often lie or exaggerate about the circumstances of an alleged crime or victim behaviors that may precipitate an attack by the alleged offender. Given the prevalence of such myths, the first chapter advises that it is necessary for the prosecution to provide expert testimony to dispel these myths and provide a context for the victim's behavior. The second chapter defines "counterintuitive behavior" and other relevant terms used in case law and articles in describing victim behavior that does not fit with public expectations about how sexual and domestic-violence victims should behave. Jurors who have not experienced these types of victimization may be strongly influenced by popular perceptions of how a victim should behave in order to prevent or mitigate the harms caused by sexual assault or domestic violence. The third chapter recommends practices for introducing expert testimony that explain victim behavior in a sexual or domestic-violence prosecution. A broad three-step strategy is recommended: Identify the victim behavior that jurors will perceive as counterintuitive; determine the admissibility of expert testimony on victim behavior; and explain the victim's behavior. Under each of these broad steps, guidelines for implementing it are offered. The fourth chapter discusses the limitations of practices currently used to describe victim behavior. 115 suggested resources and appended sample questions for qualifying experts and eliciting testimony on victim behavior