Although rape trauma syndrome is a relatively new psychiatric development “the presence of rape trauma syndrome is detectable and reliable as evidence that a forcible assault did take place.”
How later courts described this case
- Although rape trauma syndrome is a relatively new psychiatric development “the presence of rape trauma syndrome is detectable and reliable as evidence that a forcible assault did take place.”
- “Psychiatric testimony [regarding PTSS and RTS] is admissible to aid a jury in determining whether there was consent to engage in a sexual act which all parties agree occurred. It remains up to the jury to determine whether the evidence is credible.”
- testimony of doctor, psychiatric nurse, and psychological counselor that victim had symptoms of rape trauma syndrome held admissible
- on issue of consent, expert’s testimony that rape caused PTSD admissible
Written by the judges who cited it.
The opinion
*194 MR. JUSTICE SHEA,
dissenting:
I join in the dissent of Mr. Justice Morrison.