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COUNTERING Counterintuitive Testimony (Adults): What Every Attorney Should Know

Challenging counterintuitive testimony.

This web resource is an effort to better equip an attorney to challenge counterintuitive testimony regarding adult sexual assault claims. This can be done in a motion to suppress, a Daubert hearing, or during cross-examination in the trial phase (or all three).

Adult sexual assault testimony can be legitimate, but experts may overstate what research supports. Having testified for both prosecution and defense about victim behaviors, I aim to promote balanced testimony that acknowledges scientific limits and helps the trier-of-fact.

This resource presents a forensic psychologist’s perspective on science and research. It offers ideas to consider, rather than legal instruction; attorneys decide what fits their case and how to apply it.

  • Read selectively

    The different sections are designed to be read independent of each other. This allows the reader to focus on the strategies and topics that are of most interest. To that end, there are quotes, research sources, etc. that are repeated in different segments. Expect some repetition as you read.

  • Summary, then detail

    Each topic you click on begins with a short summary and observations. This is followed by a “deep dive” into the topic with detail and citations.

  • Scientific foundations

    Be sure to read “Basics of Scientific Research”. Many of the rationales for challenging the counterintuitive expert are going to draw from an understanding of these fundamental principles.