[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 21 Referred in House (RFH)]

103d CONGRESS
  2d Session
S. CON. RES. 21


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                    IN THE HOUSE OF REPRESENTATIVES

                           November 29, 1994

               Referred to the Committee on the Judiciary

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                         CONCURRENT RESOLUTION


 
 Expressing the sense of Congress that expert testimony concerning the 
 nature and effect of domestic violence, including descriptions of the 
  experiences of battered women, should be admissible if offered in a 
             State court by a defendant in a criminal case.

Whereas State criminal courts often fail to admit expert testimony offered by a 
        defendant concerning the nature and effect of physical, sexual, and 
        mental abuse to assist the trier of fact in assessing the behavior, 
        beliefs, or perceptions of such defendant in a domestic relationship in 
        which abuse has occurred;
Whereas the average juror often has little understanding of the nature and 
        effect of domestic violence on the behavior, beliefs, or perceptions of 
        such a defendant, and the lack of understanding can result in the juror 
        blaming the woman for the victimization of the woman;
Whereas the average juror is often unaware that victims of domestic violence are 
        frequently in greater danger of violence after the victims terminate or 
        attempt to terminate domestic relationships with their abusers;
Whereas myths, misconceptions, and victim-blaming attitudes are often held not 
        only by the average layperson but also by many in the criminal justice 
        system, insofar as the criminal justice system traditionally has failed 
        to protect women from violence at the hands of men;
Whereas specialized knowledge of the nature and effect of domestic violence is 
        sufficiently established to have gained the general acceptance that is 
        required for the admissibility of expert testimony;
Whereas, although both men and women can be victims of physical, sexual, and 
        mental abuse by their partners in domestic relationships, the most 
        frequent victims are women; and
Whereas a woman is more likely to be assaulted and injured, raped, or killed by 
        the current or former male partner of the woman than by any other type 
        of assailant, and over one-half of all women murdered are killed by 
        their current or former male partners: Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That it is the sense of Congress that--
            (1) expert testimony concerning the nature and effect of 
        domestic violence, including descriptions of the experiences of 
        battered women, should be admissible if offered in a State 
        court by a defendant in a criminal case to assist the trier of 
        fact in understanding the behavior, beliefs, or perceptions of 
        such defendant in a domestic relationship in which abuse has 
        occurred;
            (2) a witness should be qualified to testify as an expert 
        witness, with respect to a case in which abuse has occurred, 
        based upon the knowledge, skill, experience, training, or 
        education of the witness, and should be permitted to testify in 
        the form of an opinion or otherwise; and
            (3) domestic relationships about which such expert 
        testimony should be admissible include relationships between 
        spouses, former spouses, cohabitants, former cohabitants, 
        partners, or former partners, and between persons who are in, 
        or have been in, a dating, courtship, or intimate relationship.

            Passed the Senate October 8 (legislative day, September 
      12), 1994.

            Attest:

                                                MARTHA S. POPE,

                                                             Secretary.