NCJ Number
227276
Journal
British Journal of Criminology Volume: 49 Issue: 3 Dated: May 2009 Pages: 363-383
Date Published
May 2009
Length
21 pages
Annotation
This study explored the impact of educational guidance presented either in the form of general expert testimony or as an extended judicial instruction in relation to rape trials.
Abstract
The findings argue that the introduction of educational guidance in rape trials represents a pragmatic, defensible, efficient means of redressing at least some of the unfounded assumptions and attitudinal biases that prevent too many victims of sexual assault from accessing justice. In 2006, the government published proposals to amend the law in England and Wales to allow prosecutors to adduce 'general' expert witness testimony in rape cases. The intent was to educate jurors about common reactions to sexual violence and to dispel myths and stereotypes concerning how a victim should behave. The initiative was based on two assumptions. The first assumption is that jurors currently lack an adequate understanding of rape complainants' post-assault behavior. The second assumption is that expert testimony offers a useful vehicle for addressing such juror ignorance. This article investigated whether educational guidance presented at trial, via expert testimony or and expansive judicial instruction, could have the intended beneficial impact of redressing popular misconceptions, thereby leading to a fairer assessment of complainant credibility in rape cases. Figures and references