NCJ Number
104399
Journal
Wake Forest Law Review Volume: 21 Issue: 1 Dated: (Spring 1985) Pages: 93-120
Date Published
1985
Length
28 pages
Annotation
This paper reviews the medical characteristics of rape trauma syndrome, evidentiary standards for its use in court, and relevant case law, followed by a proposal for using the syndrome as evidence under certain safeguards.
Abstract
The rape trauma syndrome -- consisting of behavioral, somatic, and psychological reactions to a perceived life-threatening situation -- is widely recognized in the psychiatric community as a posttraumatic stress disorder. Evidence of the syndrome in a complainant can be introduced only by an expert and is therefore subject to the rules applicable to expert testimony. Courts that have ruled evidence of rape trauma syndrome to be inadmissible have done so because of relevancy, helpfulness, and reliability considerations. Courts allowing such evidence have done so because of its widespread recognition in the psychiatric community and its helpfulness to the jury in rendering a decision. Courts should determine the admissibility of rape trauma syndrome on a case-by-case basis, subject to safeguards. Safeguards should include allowing testimony only by an expert who has dealt with the syndrome, only allowing a diagnosis made under the most reliable method available, and not allowing the expert to state an opinion as to whether the victim was raped. 233 footnotes.