Deck 10: Section 1: The Insanity Defense

Question 1

What are the advantages of using PTSD over RTS and BWS in court?

Answer 1

Main points:
• PTSD is a more established medical diagnosis; there are tests that can be applied to diagnose it; DSM-5 diagnostic criteria for PTSD include mention of sexual violation as a possible cause of symptoms.
• BWS and especially RTS are seen by judges as prejudicial and biasing the jury against the defendant.
• Thus, judges are more likely to allow expert testimony for PTSD but reject expert testimony about BWS or RTS.
• Studies show that jurors are more likely to convict women who killed their spouses even when the evidence of wife battering is presented to the jury; maybe jurors will be more receptive to the PTSD testimony.

Question 2

What are the disadvantages of using PTSD over RTS and BWS in court?

Answer 2

Main points:
• PTSD symptoms do not overlap with BWS and RTS symptoms so some victims who suffer from persistent abuse or as a result of rape may not meet the standard for PTSD diagnosis.
• PTSD does not explain why some victims of abuse stay in abusive relationships.
• PTSD is a medical diagnosis and may pathologize the woman's condition or behavior.
• PTSD may open the door to more extensive questioning of the victim, causing her additional emotional distress and potentially running against rape shield laws.

Question 3

What are rape shield laws and when do they not apply in court? Can expert testimony be problematic in this regard?

Answer 3

Main points:
• Prior to the 1970s, victims of rape were often questioned about their prior sexual history to establish the woman's tendency (or lack thereof) toward promiscuity and whether the sex act was consensual.
• Rape shield laws were passed in the 1970s to protect the victims from this type of invasive inquiries into their past during the trial.
• However, expert testimony about PTSD or BWS or RTS may open the door to questioning the victim about her past to establish the timing of events and related symptoms.