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 con-
cerning the nature and effect of domestic violence, in-
cluding 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 testi-
mony 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 percep-
tions 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 de-
fendant’s behavior, beliefs, or perceptions, and the lack of
•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 vio-
lence after they terminate or attempt to terminate do-
mestic 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 do-
mestic violence is sufficiently established to have gained
the general acceptance which is required for the admissi-
bility 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
Resolved by the House of Representatives (the Senate
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 admis-
sible when offered in a State court by a defendant
•HCON 20 IH
in a criminal case to assist the trier of fact in under-
standing 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 based upon her or his knowledge,
skill, experience, training, or education, and should
be permitted to testify in the form of an opinion or
otherwise; and
(3) a domestic relationship about which such
expert testimony should be admissible includes rela-
tionships between spouses, former spouses, cohabi-
tants, former cohabitants, partners or former part-
ners, and between persons who are in, or have been
in, a dating, courtship, or intimate relationship.
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