Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

["Juliette Grimmett" <>]

Here it is in the body of the email if attachments don't work...

I received this from the American Prosecutor's Listserv that I am on. 
I
have always been resistant to the term Rape Trauma Syndrome for the
very
reasons that are outlined.  

I thought I would share with you in all of our efforts to have common
and empowering language.

sorry for cross-postings

be well,
juliette


Evelyn, 

 

I have listed the names of two individuals who would be able to testify
about a sexual assault victim’s behavior.  I would not, however,
recommend that the defense attorney offer this evidence as rape trauma
syndrome since that term has been discredited by the research.  It is
possible that this victim is suffering from PTSD or ASD or perhaps is
exhibiting another common reaction to the trauma (See below).   Both
individuals, who I am recommending, will be able to discuss this in more
detail with the attorney.  

 

 

Limitations on the Use of RTS to Explain Victim Behavior

>From its inception, admission of testimony regarding RTS has been
highly contested. In some jurisdictions, RTS has survived Frye, Daubert,
or other state-specific challenges to the admission of expert testimony
on this subject. However, other jurisdictions have not accepted this
evidence when offered by the prosecution because it has been found to be
unreliable.[1] 

The problems associated with the introduction of expert testimony on
BWS evidence also apply to the introduction of expert testimony on RTS.
First, the empirical research does not support an RTS diagnosis.[2]
Second, the term RTS is confusing because it has come to encompass so
many different meanings. Specifically, one article notes that it refers
to “the original RTS developed in the 1970s, the more recent and
empirically strong studies of reactions to rape, and the diagnosis of
PTSD . . . of which RTS is often considered a subset.”[3] “These
multiple connotations become confusing and problematic in the courtroom
because judges, attorneys and even some experts often presume that RTS
is a reference only to the original construct and literature developed
by Burgess and Holstrom (1974).”[4] The expert, however, may be
referring to the modern research regarding RTS, sexual assault victim
behavior and PTSD.[5] “Second, the RTS label tends to pathologize
victims of sexual violence when the victims may be exhibiting common,
albeit counterintuitive to some laypeople, responses to trauma. This
means that instead of looking at the victim’s individual reactions,
victims are categorized as generally medically or psychologically
“abnormal.”[6] Third, RTS is not found in the DSM-IV-TR, the
standard reference for the diagnosis of psychological conditions, and,
therefore, its reliability is vulnerable to attack.[7] Fourth, RTS is
often offered as general testimony by an expert who has not evaluated
the victim. As a result, the expert testifies about behaviors exhibited
by an individual with RTS, but the expert has neither evaluated nor
diagnosed the victim. Consequently, the testimony is then open to attack
that the prosecutor failed to lay the proper foundation. Fifth, Finally,
the symptoms associated with RTS may be caused by incidents other than a
sexual assault, such as an unrelated life threatening event. 

 

1See generally, Sarno, supra note 1. 

2See Boeschen, supra note 14, at 427 (stating “[t]here is no clinical
diagnosis or solid empirical research on which to base ethical RTS
testimony”).

3See Boeschen, supra note 14, at 416; see also Boeschen, infra note
250. 

4 Id. at 416.

5 Id.

6 Merriam-Webster Online, available at
http://www.m-w.com/dictionary/patholigize ;

7 Black, 745 P.2d at 13, 14 (noting that the American Psychiatric
Association indicates in DSM IV-TR that “the stress and trauma
associated with rape is merely one type of the larger phenomenon known
as ‘post-traumatic stress disorder’). DSM-IV 236-38 (3d ed. 1980);
But see Boeschen , supra note 14, at 417 (stating “the term RTS is not
found in the DSM-IV (1994) nor in any previous editions”)

 

Experts: 

 

Kimberly A. Lonsway, Ph.D.

Director of Research

End Violence Against Women (EVAW) International

3940 Broad Street, Suite 7, Box #150

San Luis Obispo, CA 93401

Phone/Fax:  (805) 547-9981

Email:  
,
 

 

 

Terri Spahr Nelson, MSSW, LISW

Email: 

 

Email: 

 

(c) 513-410-0063

 

Rosemary Carr-Malone, MD

Lieutenant Commander

General and Forensic Psychiatry

National Naval Medical Center

8901 Wisconsin Avenue

Bethesda, MD 20889


 

 

Ricky D. Malone, MD, MPH

Colonel, Medical Corps

United States Army

Chief of Forensic Psychiatry

Walter Reed Medical Center

6900 Georgia Avenue, NW

Washington, DC 20307-5001


 

 

 

 

Jennifer G. Long

Director, National Center for the Prosecution of Violence Against
Women

American Prosecutors Research Institute

National District Attorneys Association

99 Canal Center Plaza, Ste 510

Alexandria, VA 22314 

703.519.1695 

 

 

EFFECTIVE IMMEDIATELY, MY NEW EMAIL ADDRESS IS:
.

 

Join NCPVAW's online prosecution of violence against women discussion
group at http://groups.yahoo.com/group/apri-vawp/ ;

 

 

 


--------------------------------------------------------------------------------

From: 

 
[mailto:]
 On
Behalf Of Evelyn Fortier
Sent: Wednesday, May 23, 2007 3:23 PM
To: 

 
Subject: APRI Violence Against Women Discussion Group Rape Trauma
Syndrome

 

We have been asked by a private law firm to recommend someone who's a
nationally known expert on rape trauma syndrome. (for purposes of
representing a rape victim in a civil suit.) Please e-mail me with any
suggestions. Thanks.

Best,
Evelyn

<><><><><><><><><><><><><><><>
Evelyn Fortier
Vice President, Public Policy
Rape, Abuse & Incest National Network (RAINN)
2000 L Street, N.W., Suite 406
Washington, D.C. 20036
www.rainn.org 
Tel.: 202-544-5537
Cell: 202-281-0701

 

One of "America's 100 Best Charities" (Worth magazine).
Rated four stars (top rating) by CharityNavigator.com.
Featured in June 2006 issue of Marie Claire magazine as one of the top
ten best charities.




--------------------------------------------------------------------------------

[1] See generally, Sarno, supra note 1. 

[2] See Boeschen, supra note 14, at 427 (stating “[t]here is no
clinical diagnosis or solid empirical research on which to base ethical
RTS testimony”).

[3] See Boeschen, supra note 14, at 416; see also Boeschen, infra note
250. 

[4] Id. at 416.

[5] Id.

[6] Merriam-Webster Online, available at
http://www.m-w.com/dictionary/patholigize ;

[7] Black, 745 P.2d at 13, 14 (noting that the American Psychiatric
Association indicates in DSM IV-TR that “the stress and trauma
associated with rape is merely one type of the larger phenomenon known
as ‘post-traumatic stress disorder’). DSM-IV 236-38 (3d ed. 1980);
But see Boeschen , supra note 14, at 417 (stating “the term RTS is not
found in the DSM-IV (1994) nor in any previous editions”).


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Juliette Grimmett, MPH
Rape Prevention Education Coordinator
NC State University
Women's Center
3120 Talley Student Center
Campus BOX 7306
Raleigh, NC 27695-7306
Office: (919) 513-3232
24 Hour Sexual Violence Hotline: (919)618-RAPE (7273)
Fax: (919) 515-1066
email: 

website: http://www.ncsu.edu/womens_center


>>> "Juliette Grimmett" 
>>> <>
>>>  5/23/2007 4:07 PM
>>>
I received this from the American Prosecutor's Listserv that I am on. 
I
have always been resistant to the term Rape Trauma Syndrome for the
very
reasons that are outlined.  

I thought I would share with you in all of our efforts to have common
and empowering language.

sorry for cross-postings

be well,
juliette

Juliette Grimmett, MPH
Rape Prevention Education Coordinator
NC State University
Women's Center
3120 Talley Student Center
Campus BOX 7306
Raleigh, NC 27695-7306
Office: (919) 513-3232
24 Hour Sexual Violence Hotline: (919)618-RAPE (7273)
Fax: (919) 515-1066
email: 

 
website: http://www.ncsu.edu/womens_center