What types of cases can involve expert testimony on sexual assault?
Expert testimony is typically used in criminal cases to support the prosecution of sexual assault. Such testimony is used to demonstrate that the victim’s behavior is consistent with that of someone who has been sexually assaulted. Courts are most likely to admit the testimony to rebut a defense claim that the victim did not react like a “real rape victim” ( Taslitz, 1999). Less commonly, expert testimony is used by the defense in a criminal case to establish diminished capacity or incompetence to stand trial when sexual assault victims are charged with a crime. Expert testimony on sexual assault victimization is also provided in capital homicide cases, especially when there are sex crimes charged in addition to the homicide(s). In these cases, the expert provides mitigation evidence based on the defendant’s history of sexual assault victimization and other forms of trauma (David Lisak, personal communication, January 2004). In civil cases, expert witnesses help to establish damages re
