ABSTRACT
This chapter considers the operation of the implicit relation in regard to rape. It gives particular attention to the growing practice of admitting evidence on Rape Trauma Syndrome (RTS) in cases of rape. A more recent addition than Battered Woman's Syndrome to the array of syndrome diagnoses within the psychological and psychiatric fields, RTS has begun to be admitted for the same general purpose: to assist judges and/or juries in making sense of a woman's actions. Laws known as ‘rape shield laws’ have been enacted in many jurisdictions to prevent unnecessarily intrusive questioning into a woman’s sexual history. However, rape shield laws have not always proven effective, for there is a high rate of success for applications to waive the protection given by these provisions. With regard to education, expert testimony on RTS is introduced to provide the jury with background information regarding typical reactions to rape.
