Past Facts: Victims/Rape Trauma Syndrome (RTS)

Question 1

Taylor

Answer 1

1) Rape can lead to PTSD
2) Defense argues to use expert to show jury that RTS could cause victim to “not name a rapist” right away
3) RTS can be used to illustrate behavior patterns to jury
4) But not to prove rape alone! (Banks)
RTS originally used as therapeutic tool, not a fact-finding one

Question 2

Kinney

Answer 2

1) Defense argues that court did not follow Daubert rules about admission of expert testimony
2) Court of Appeals likes that expert wasn’t speaking about defendant in particular, but the fact that general facts applied to defendant

Question 3

Frazier article

Answer 3

1) Where do you get data from?
a) Very few raped women will participate in studies

   b) Many women will not use term rape even if it meets the legal definition

Question 4

Diaz test

Answer 4

Does testimony add to understanding of average juror?

Question 5

RTS as defense

Answer 5

1) Lawrence/UVA Law Review
2) P allowed to use PTS to prove rape cases
3) D should be allowed to use RTS to disprove rape

Question 6

Henson

Answer 6

1) Victim went drinking and dancing at same bar on night following rape
2) RTS as defense allowed on appeal