NCJ Number
45714
Date Published
1978
Length
11 pages
Annotation
THE ROLE OF THE PSYCHIATRIST AS AN EXPERT WITNESS IN RAPE CASES IS EXAMINED FROM THE LEGAL STANDPOINT.
Abstract
BACKGROUND RELATIVE TO RAPE CASES IS PROVIDED, INCLUDING THE LEGAL DEFINITION OF RAPE, THE CONCEPT OF CONSENT, AND STATUTORY RAPE. THE ISSUE OF CORROBORATION OF THE VICTIM'S TESTIMONY THROUGH EVIDENCE IS COVERED. PSYCHIATRISTS MAY OCCASIONALLY BE CALLED UPON TO EXAMINE THE COMPLAINANT, AS A WOMAN'S PREVIOUS MENTAL STATE MAY IMPINGE UPON HER VERACITY IN CERTAIN CASES. IN RAPE TRIALS, THE PSYCHIATRIST MAY TESTIFY AS AN EXPERT WITNESS FOR THE PROSECUTION, FOR THE DEFENSE, OR FOR THE COURT. IN ADDITION, HE OR SHE MAY TESTIFY AT THE SENTENCING HEARING ABOUT THE DEFENDANT'S NEED FOR PSYCHIATRIC TREATMENT OR HIS STATUS IN SOME JURISDICTIONS AS A MENTALLY DISORDERED SEX OFFENDER. TREATMENT WITHIN THE CORRECTIONAL OR MENTAL HEALTH SYSTEM THAT IS GEARED IN SOME STATES FOR SPECIAL TREATMENT OF THE SEX OFFENDER MAY ALSO BE RECOMMENDED BY THE PSYCHIATRIST. ASSISTANCE IN PREPARING ADEQUATE LEGISLATION FOR VIOLENT SEX OFFENDERS AND CREATING MEANINGFUL PROGRAMS FOR CORRECTIONAL MANAGEMENT OF THOSE FOUND GUILTY OF COMMITTING VIOLENT SEX CRIMES MAY BE PROVIDED BY THOSE IN THE FIELD. REFERENCES ARE PROVIDED. (DAS)