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DEMYSTIFYING VICTIM COUNTERINTUITIVE BEHAVIOR IN ADMINISTRATIVE HEARINGS DEMYSTIFYING VICTIM COUNTERINTUITIVE BEHAVIOR IN ADMINISTRATIVE HEARINGS

DEMYSTIFYING VICTIM COUNTERINTUITIVE BEHAVIOR IN ADMINISTRATIVE HEARINGS - PowerPoint Presentation

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DEMYSTIFYING VICTIM COUNTERINTUITIVE BEHAVIOR IN ADMINISTRATIVE HEARINGS - PPT Presentation

The great enemy of the truth is very often not the liedeliberate contrived and dishonestbut the mythpersistent persuasive and unrealistic JFK The Myths Most perpetrators are strangers ID: 705580

victim expert testimony behavior expert victim behavior testimony sexual counterintuitive victims behaviors victim

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Slide1

DEMYSTIFYING VICTIM COUNTERINTUITIVE BEHAVIOR IN ADMINISTRATIVE HEARINGS

“The great enemy of the truth is very often not the lie-deliberate, contrived and dishonest-but the myth-persistent, persuasive and unrealistic.”

(JFK)Slide2
Slide3

The Myths

Most perpetrators are strangers

“Real” victims report promptly

“Real” victims scream or forcibly resist

“Real” victims act like victims

If an alleged victim recants, that means he/she was lyingSlide4

Counterintuitive Behaviors Defined

Behaviors that conflict with the public’s expectations of how victims “should” behave

Represent common victim responses

If left unexplained, may undermine the victim’s credibility in the eyes of the factfinder Slide5

Expert Testimony to Explain Counterintuitive Behavior

“[T]he victim’s behavior will not necessarily undermine his or her credibility if an expert can explain that such patterns of counterintuitive behavior often occur in sexual abuse cases.”

-

U.S. v. Rynning

, United States Court of

Appeals for the Armed Forces 1998Slide6

Purpose of Expert Testimony

Provide an accurate context in which the factfinder can evaluate the victim’s behavior by:

Dispelling myths and misperceptions

Explaining common victim responses

Purpose is

not

to prove that abuse occurred Slide7

Effects of Expert Testimony

Mock jurors have provided more guilty verdicts when experts testified about the general dynamics of sexual assault and its effects on victims

Expert testimony focused on behaviors relevant to the case more influential than general information

Expert testimony more impactful when provided early in trial Slide8

Step 1

Identify the Behavior Slide9

Identify the Behavior

Review all the evidence for descriptions of victim behavior that may appear counterintuitive to the factfinder

Consider consulting an expert to help identify counterintuitive behaviors and develop a strategy

Talk to the victim

Determine if expert testimony is the most effective method of explaining the victim’s behavior Slide10

Step 2

Determine Admissibility of Expert Testimony Slide11

Admissibility

Expert

testimony

must (1) come from a qualified

expert

, (2) be

reliable

, (3)

aid the factfinders

in evaluating and understanding matters not within their common experience, and (4) have probative value that outweighs its prejudicial value

All 50 states allow expert testimony to explain victim behavior in sexual assault cases

Rules are typically relaxed in administrative proceedings Slide12

Limitations

Some jurisdictions limit only to rebutting those behaviors raised by defense; others do not require defendant to attack victim’s credibility before allowing expert testimony

Expert must not state an opinion regarding the credibility of any witness, including the victim, or whether the victim was abused

Some jurisdictions limit or exclude testimony concerning RTS, PTSD and/or CSAAS Slide13

Step 3

Explain the Behavior Slide14

Choose the Most Effective Expert

Psychiatrists/psychologists/psychological counselors

Social Workers

Victim Advocates

Rape Crisis Center Counselors

Sexual Assault Nurses

Law Enforcement Officials

Avoid someone who has treated the victim Slide15

Qualify the Expert

Must be qualified by knowledge, skill, experience, training or education

Most effective qualification is extensive experience working with or observing victims

Do not offer as an expert in “counterintuitive behavior”

Examples of areas in which an expert may be qualified: “common sexual violence myths”; “common victim responses to sexual violence ”; “common victim behaviors in sexual violence cases”; “common victim and offender dynamics” Slide16

General vs. Specific Testimony

General

Expert focuses on dynamics of sexual violence and common victim behaviors that are relevant to the case

Based on research and/or professional experiences with victims

Expert does not interview the victim or discuss the victim’s specific behaviors

Objective/fact-based

Less vulnerable to attack

Specific

Expert relates victim’s specific behaviors to typical behavioral patterns (i.e., victim’s behavior is consistent with that of other victims)

Behavior may be described in terms of a syndrome such as RTS, PTSD or CSAAS (i.e., victim suffers from a syndrome or exhibits behavior consistent with someone who suffers from a syndrome)

Exposes victim to examination by defense expert

Subjective/easily countered by defense expert

Pathologizes victim (“See, she is crazy!”)

More vulnerable to attack Slide17

Other Strategies

Have victim explain behavior

Demeanor testimony

Prior consistent statements

Expert testimony concerning grooming Slide18

Resources

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

” Jennifer G. Long, National District Attorneys Association (2007)

http://www.ndaa.org/pdf/pub_introducing_expert_testimony.pdf

“Victim Responses to Sexual Assault: Counterintuitive or Simply Adaptive?”

Patricia L. Fanflik, NDAA (2007)

http://www.ndaa.org/pdf/pub_victim_responses_sexual_assault.pdfSlide19

Resources

“The Use of Expert Witnesses in Cases Involving Sexual Assault” Kimberly A. Lonsway, Ph.D. (2005)

http://www.ncdsv.org/images/useexpertwitnessessexassaultcases.pdf

She Didn’t Scream, So She Must Have Wanted It: Explaining Counterintuitive Victim Behavior

” A. Ann Ratnayake-The Voice, Volume 4, Number 2, July 2016

http://www.ndaa.org/ncpvaw_the_voice_newsletter.html