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FOR IMMEDIATE RELEASE |
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State Rep. Cherelle Parker D- Philadelphia
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Hearing focuses on Parker’s expert testimony bill for sexual assault cases
HARRISBURG, Sept. 8 – State Rep. Cherelle Parker, D-Phila., served as co-chairman for a House Judiciary Committee hearing today on her legislation that would allow the use of expert testimony in sexual assault cases.
Pennsylvania is the only state that expressly prohibits an expert from testifying about rape-victim behavior. Parker's legislation (H.B. 2255) would allow an expert to provide testimony in sexual assault cases regarding any recognized form of post-traumatic stress disorder and counterintuitive behavior indicative of a rape victim.
"Jurors should be provided with all pertinent, relevant information in their role as decision makers. Professionally providing this information through expert testimony is the proper way to do so," said Capt. John Darby, Special Victims Unit, Philadelphia Police Department.
In Pennsylvania, courts have ruled that only jurors can determine if a witness is telling the truth, and expert testimony addressing issues about post-traumatic stress or other common disorders in reaction to trauma is considered testimony regarding the credibility of the victim.
According to Darby, "Rape is the only crime in which victims must prove their innocence."
"The speakers today provided a professional explanation of the necessity of expert testimony in cases of sexual assault," Parker said. "Special thanks to the district attorney’s office and the Philadelphia Police Department, Special Victims Unit for sharing their knowledge and expertise. Lynn Hecht Schafran, director of the National Judicial Education Program, expertly explained the need to educate judges and jurors of the typical behaviors of sexual assault victims.
"As a result of allowing expert testimony in these cases, justice will be meted out for both the prosecution and the defense," Parker said. "Possessing a clear, educated understanding of the thought process and behaviors of sexual assault survivors will help jurors discern myths from facts in these cases, thus enabling jurors to make educated decisions."
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