[Congressional Record Volume 140, Number 148 (Wednesday, November 30, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: November 30, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                    DOMESTIC VIOLENCE COURT EVIDENCE

  The text of the concurrent resolution (S. Con. Res. 21) expressing 
the sense of the 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, as agreed to by the 
Senate on October 7, 1994, is as follows:

                            S. Con. Res. 21

       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.

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