Introducing Expert Testimony to Explain Victim Behavior in Sexual and Domestic Violence Prosecutions

Abstract

This monograph sets forth recommended practices for addressing victim behavior in a sexual or domestic violence prosecution, and providing an accurate context in which a jury can evaluate a victim’s behavior.12 The first chapter addresses the prevalence of myths surrounding sexual and domestic violence and the impact of those myths on juror assessments of victim credibility as well as verdicts. The second chapter defines “counterintuitive behavior” and other relevant terms used in case law and articles to describe victim behavior that does not comport with public expectations of sexual and domestic violence victims. The third chapter sets forth the recommended practices for introducing expert testimony to explain victim behavior in a sexual or domestic violence prosecution. The fourth chapter discusses the limitations on practices currently used to describe victim behavior. Finally, the appendix includes sample questions for qualifying experts and eliciting testimony on victim behavior. The appendix also includes a list of suggested sources, in addition to those cited in the body of this monograph, to which prosecutors can refer when preparing their case. (palabras claves: testimonio pericial, delitos sexuales, comportamiento de la víctima, violencia intrafamiliar)