Sexual assault is one of the most personally violating crimes, and a victim’s response to these crimes is often misunderstood. Thanks to a new state law that takes effect Aug. 28, prosecutors in Pennsylvania courtrooms are allowed — for the first time— to call on expert witnesses for factual testimony about the behaviors of sexual-assault victims.
Why is that important? Most jurors do not know that the brain processes and stores traumatic memories differently than any other type of memory. In addition, it is vital for jurors to gain an understating of post-traumatic stress disorder and the fact that people can present with different emotions after an assault. It is not like what you see on an episode of “[Law & Order:] Special Victims Unit” on television. Hearing clinical information from expert witnesses such as physicians, psychologists and sexual-assault counselors will help jurors understand why a victim of sexual violence might have found it difficult to report the crime, delayed disclosing the assault or remember the details in sequential order.
Pennsylvania is the last state in the country to enact this law. Advocates for victims of sexual assault applaud the many people who worked toward the bill’s passage. It wouldn’t have been possible without the hard work and dedication of prosecutors; law enforcement; legislators, including the bill’s champion, Rep. Cherelle Parker and co-sponsor Rep. Kate Harper; the governor’s office; victims’-rights advocates; and victims themselves who bravely told their stories to highlight the need for this legislation. Advocates from Philadelphia were a part of this effort with members of the District Attorney’s office, Special Victims Unit and Philadelphia’s only rape crisis center, Women Organized Against Rape, testifying twice before members of the state House of Representatives.
Until now, justice in the courtroom was tilted toward the offender because jurors weren’t given the knowledge they needed to understand all of the challenges victims face. This law will help jurors make decisions based on information and insight. In taking a stand for victims of sexual assault, it moves Pennsylvania one step closer to safety in our communities and justice for all.
— Jill Maier, director of counseling services
Women Organized Against Rape