Cardozo Journal of Equal Rights & Social Justice
Abstract
The article critiques the legal system's distinction between offensive and defensive uses of Rape Trauma Syndrome (RTS) testimony, arguing that this dichotomy is flawed. It contends that even testimony categorized as defensive often functions offensively by influencing the jury's perception of the victim's credibility. The article proposes a functional approach to evaluating RTS testimony, focusing on whether it vouches for the victim's credibility or explains counterintuitive behaviors, rather than adhering to the formal offensive/defensive framework.
Disciplines
Evidence | Law | Legislation | Psychiatry and Psychology
Recommended Citation
Holly Hogan,
The False Dichotomy of Rape Trauma Syndrome,
12
Cardozo J. Equal Rts. & Soc. Just.
529
(2006).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol12/iss2/2