NCJ Number
103094
Journal
Washburn Law Journal Volume: 25 Issue: 1 Dated: (Fall 1985) Pages: 26-42
Date Published
1985
Length
17 pages
Annotation
This article reviews court decisions on the use of expert testimony on rape trauma syndrome to corroborate the rape victim's testimony, considers the ramifications of such testimony, and recommends a procedure for using it.
Abstract
Clinical studies have established the existence of a rape trauma syndrome, which is a form of posttraumatic stress disorder, a mental disorder included in the 'Diagnostic and Statistical Manual of Mental Disorders, Third Edition.' Rape trauma syndrome thus meets the evidence standard of general acceptance by the scientific community. Of the relevant appellate court decisions in Kansas, California, Montana, Missouri, Arizona, Minnesota, Maryland, New York, and Hawaii, only Minnesota and Maryland have squarely rejected the use of rape trauma syndrome testimony. A Minnesota court ruled the syndrome has not been generally accepted in the scientific community, and a Maryland court held that such testimony had a prejudicial impact on the jury. Most courts, however, will admit expert testimony on posttraumatic stress disorder and the alleged victim's manifestation of it. Expert testimony on whether or not the victim has been raped is generally not permitted. This article recommends including information on the victim's symptoms in victim testimony, with an expert witness used to educate the jury about posttraumatic stress disorder and drawing parallels with the symptoms expressed in the victim's testimony. 98 footnotes.