NCJ Number
131314
Journal
Behavioral Sciences and the Law Volume: 7 Issue: 2 Dated: special issue (Spring 1989) Pages: 243-257
Date Published
1989
Length
15 pages
Annotation
The purpose of this article is to examine the use of a particular social framework in helping jurors to reach a fair verdict in rape jury trials.
Abstract
Societal attitudes and stereotypes regarding rape, rape victims, and rapists affect how we define rape and whom we hold responsible for a rape's occurrence. Victim blaming often results from sexual issues overriding the violence inherent in rape. The prevalence and content of rape myths are such that fact finders often question the credibility of a complainant in a rape trial. Expert testimony regarding common misconceptions about rape and rape victim behavior, conceptualized in terms of a social framework, would help to compensate for societal bias against the complainant in a rape trial. Similarities exist between this type of educational expert testimony and expert testimony on rape trauma syndrome and the fallibility of eyewitness identification. The inclusion of such testimony serves the purpose of expert testimony according to the Federal Rules of Evidence. 5 notes and 75 references (Author abstract modified)