IV

103D CONGRESS

1ST SESSION H. CON. RES. 20

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 when offered in a State court

by a defendant in a criminal case.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 21, 1993

Mrs. MORELLA submitted the following concurrent resolution; which was

referred to the Committee on the Judiciary

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 when 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 such a defendant’s behavior, beliefs, or perceptions, and the lack of
2

•HCON 20 IH

understanding can result in the juror blaming the woman

for her victimization;

Whereas the average juror is often unaware that victims of

domestic violence are frequently in greater danger of violence after they terminate or attempt to terminate domestic relationships with their abuser;

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 which 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 her current or former male partner

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

1 Resolved by the House of Representatives (the Senate

2 concurring), That it is the sense of Congress that—

3 (1) expert testimony concerning the nature and

4 effect of domestic violence, including descriptions of

5 the experiences of battered women, should be admis6 sible when offered in a State court by a defendant
3

•HCON 20 IH

1 in a criminal case to assist the trier of fact in under2 standing the behavior, beliefs, or perceptions of such

3 defendant in a domestic relationship in which abuse

4 has occurred;

5 (2) a witness should be qualified to testify as an

6 expert witness based upon her or his knowledge,

7 skill, experience, training, or education, and should

8 be permitted to testify in the form of an opinion or

9 otherwise; and

10 (3) a domestic relationship about which such

11 expert testimony should be admissible includes rela12 tionships between spouses, former spouses, cohabi13 tants, former cohabitants, partners or former part14 ners, and between persons who are in, or have been

15 in, a dating, courtship, or intimate relationship.

Æ