Open AccessRape Myths and the Use of Expert Psychological Evidence
Author(s) -
H. Ward Hill
Publication year - 2014
Publication title -
victoria university of wellington law review
Language(s) - English
Resource type - Journals
eISSN - 1179-3082
pISSN - 1171-042X
DOI - 10.26686/vuwlr.v45i3.4949
Subject(s) - mythology , project commissioning , psychology , criminology , publishing , political science , sociology , forensic engineering , engineering , law , history , classics
There are many common misconceptions about sexual violence and the way that victims "should" behave during and after the offending. In trials for sexual offending these "rape myths" can impact on jurors' assessments of a complainant's credibility, rendering a guilty verdict less likely.This article discusses how the use of counter-intuitive expert opinion evidence as a method of juror education in trials for sexual offending can address these prejudices to improve the operation of the criminal justice process. The article also identifies the limitations of such evidence in particular cases of acquaintance rape, and foreshadows whether such evidence will continue to be offered in the future.