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Abstract: 

This is the eighth article in an ongoing series based on Dr. Koski’s article “Jury Decisionmaking in Rape Trials: A Review and Empirical Assessment,” which appears in its entirety in 38 (1) Crim. L. Bulletin 21 (Jan./Feb. 2002), and is reprinted in SLR with the kind permission of the author and publisher. The article below explains the effects of jury instruction on jury deliberation and ultimately the jury verdict. Specifically, the article focuses on the issue of rape trauma syndrome with regard to a readily available rape trauma or guilty script, expert scientific testimony, use of psychological expert testimony. In addition, there is discussion regarding the victim’s character, specifically his/her character evidence (such as prior bad acts), conduct and credibility and evidence of resistance and use of consent as a defense.

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Affiliations:  1: Rutgers University School of Criminal Justice.