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Rape Trauma Syndrome: An Evidentiary Tool

NCJ Number
123745
Journal
Canadian Journal of Women and the Law Volume: 3 Issue: 2 Dated: (1989-1990) Pages: 531-551
Author(s)
A M Delorey
Date Published
1990
Length
21 pages
Annotation
The concept of Rape Trauma Syndrome (RTS) as applied in US courts is explained and suggested for use in Canadian court rape cases.
Abstract
Evidence on RTS has been used in many US court cases to refute the mythology about women's sexuality and violence against women. RTS has also been used to prove non-consent to intercourse. The use of RTS evidence in Canadian courts would facilitate the prosecution of sexual assault cases while reducing the trauma experienced by the victim. However, women must personally assess whether this evidence may help or hinder the cause of rape prosecution together with the impact upon the patriarchal legal and political structures in Canadian society. The positive and negative effects of the implementation of such a reform are reviewed, and a suggested implementation plan is offered. 111 notes. (Author abstract modified)