California Criminal Jury Instructions (CALCRIM) (2017)

1192. Testimony on Rape Trauma Syndrome

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1192.Testimony on Rape Trauma Syndrome
You have heard testimony from <insert name of expert>
regarding rape trauma syndrome.
’s <insert name of expert> testimony about rape trauma
syndrome is not evidence that the defendant committed any of the
crimes charged against (him/her).
You may consider this evidence only in deciding whether or not
’s <insert name of alleged rape victim> conduct was not
inconsistent with the conduct of someone who has been raped, and in
evaluating the believability of her testimony.
New January 2006
BENCH NOTES
Instructional Duty
The court has a sua sponte duty to give this instruction if an expert testifies on
rape trauma syndrome. (See People v. Housley (1992) 6 Cal.App.4th 947, 958–959
[8 Cal.Rptr.2d 431] [sua sponte duty in context of child sexual abuse
accommodation syndrome (CSAAS)]; CJER Mandatory Criminal Jury Instructions
Handbook (CJER 10th ed. 2001) Sua Sponte Instructions, § 2.132; but see People
v. Sanchez (1989) 208 Cal.App.3d 721, 736 [256 Cal.Rptr. 446] [instruction on
CSAAS only required on request].)
Related Instructions
If this instruction is given, also give CALCRIM No. 303, Limited Purpose
Evidence in General, and CALCRIM No. 332, Expert Witness Testimony.
AUTHORITY
• Rebut Inference That Victim’s Conduct Inconsistent With Claim of
Rape. People v. Bledsoe (1984) 36 Cal.3d 236, 247–248 [203 Cal.Rptr. 450,
681 P.2d 291].
• Syndrome Evidence Not Admissible to Prove Rape Occurred. People v.
Bledsoe (1984) 36 Cal.3d 236, 251 [203 Cal.Rptr. 450, 681 P.2d 291].
Secondary Sources
1 Witkin, California Evidence (4th ed. 2000) Opinion Evidence, § 52.
3Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 71,
Scientific and Expert Evidence, § 71.04[1][d][v][B] (Matthew Bender).
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 142,
Crimes Against the Person, § 142.23[3][d] (Matthew Bender).
Couzens & Bigelow, Sex Crimes: California Law and Procedure § 12:7 (The Rutter
Group).
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COMMENTARY
It is unnecessary and potentially misleading to instruct that the expert testimony
assumes that a rape has in fact occurred. (See People v. Gilbert (1992) 5
Cal.App.4th 1372, 1387 [7 Cal.Rptr.2d 660] [in context of child molestation].)
SEX OFFENSES CALCRIM No. 1192
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