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History of Counterintuitive Testimony

This brief history surveys changing forms of expert testimony used to explain behaviors that jurors may regard as unexpected after sexual assault, from rape-trauma concepts to later counterintuitive-behavior claims. It describes examples such as delayed or piecemeal disclosure, continued contact, inconsistent memories, and recantation, and cautions that overstating general explanations can create problems when experts are questioned.

VICTIM: Counterintuitive Behaviors

This brief resource directs readers to Simpson’s continuing legal education handout, “Countering Counterintuitive Testimony,” for an in-depth discussion of counterintuitive behavior claims. The handout examines expert testimony about sexual-assault responses, the research offered to support such claims, and strategies for questioning their scientific basis.