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Citation |
Ellison L, Munro VE. Br. J. Criminol. 2009; 49(3): 363-383. |
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Copyright |
(Copyright © 2009, Centre for Crime and Justice Studies, Publisher Oxford University Press) |
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DOI |
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PMID |
unavailable |
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Abstract |
In 2006, the Government proposed allowing prosecutors in England and Wales to adduce general' expert witness testimony in rape cases. This initiative was based on two assumptions--first, that jurors currently lack an adequate understanding of rape complainants' post-assault behaviour (which, in turn, generates inappropriate inferences regarding credibility) and, second, that expert testimony offers a useful vehicle for addressing such juror ignorance. In a previous article, the authors reported on a mock jury study that provided empirical support for the first of these claims--at least in regard to a complainant's calm demeanour, delayed reporting or lack of physical resistance. In this article, the authors investigate whether educational guidance presented at trial--via expert testimony or an expansive judicial instruction--can have the intended beneficial impact of redressing popular misconceptions, thereby leading to a fairer assessment of complainant credibility in rape cases. |