by Zoë Gascon and Michelle Olvera, Esq.
Using Expert Witnesses in Domestic and Sexual Violence Cases: Vermont Resources
Did you know that the Vermont Net- work Against Domestic and Sexual Vio- lence maintains a database of experts who can testify in domestic and sexual violence cases? Around the country expert witness- es are used in criminal, family, and other civil cases to help explain victim behavior to fact finders and dispel prevailing myths. Unfounded myths about domestic and sex- ual violence can be particularly destruc- tive when believed by juries and judges. Using experts can make all the difference in the success of a case by helping to ex- plain counterintuitive victim behavior such as delayed reporting, recantation and why victims stay or return to abusive partners.
Family Court Cases
Using an expert in a family court case can be useful for a number of reasons. Explain- ing to the judge why it is not in the best interest of children to be exposed to vio- lence, why uninterrupted contact with the victim parent is so important and/or high-
lighting controlling behavior when actu- al incidents of violence are not obvious or compelling are just a few issues that can be addressed by experts.
Criminal Cases Experts can be used in criminal prosecu-
tions to help lay jurors understand victim behavior that may seem counterintuitive such as: • Why does a victim stay or return? • Behavioral patterns of adult and child victims
• How sustained trauma impacts a vic- tim’s conduct
• Victim action that seems illogical but is consistent with trauma
• Use of drugs or alcohol by victims • Why a victim might be complicit in a batterer’s illegal activities
• Prostitution • Defensive actions taken by the victim for which she/he was arrested
Expert witnesses in domestic and sexu- al violence have far-reaching knowledge of these topics and have both received and provided extensive training in this area. Many experts also have considerable expe- rience in working directly with victims. Ex- perts can help contextualize abuse and ex- plain to fact finders some of the impacts of abuse on the beliefs, perceptions, and be- havior of victims. Experts can also explain common strategies and value systems of abusers. For more information on using expert witnesses in domestic and sexual violence cases (including resource tools such as sample qualifying and foundational ques- tions) or to identify an expert for your case, contact Michele Olvera, Supervising Attor- ney at
michele@vtnetwork.org or Zoë Gas- con, Legal Projects Coordinator at zoe@vt-
network.org. Most expert witnesses on this topic operate with a sliding fee scale and fees vary.
www.vtbar.org
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