Combating the "Rape Myth" Expert: Excluding & Diffusing Expert Testimony
When the prosecution brings in a so-called “rape myth” expert to subtly sway the jury, do you know how to stop them—and turn the science against them?
This essential program offers an in-depth, practical blueprint for criminal defense attorneys confronting the increasing use of so-called “rape myth” experts in sexual assault prosecutions. Built around a real trial and presented by the defense attorneys who litigated the case, this program is more than theoretical—it’s a hands-on training packed with real-world insight into how to recognize, challenge, and neutralize state-sponsored psychological experts whose testimony is designed to validate the accuser and imply guilt. The presenters walk you through how they successfully excluded damaging expert testimony under Rule 702 and Daubert, how they framed the issue for the court, and how they prepared for the possibility that the testimony would be admitted.
Through actual hearing transcripts, voir dire questions, and excerpts from in limine motions and final arguments, this program demonstrates—step by step—how to prepare a strong record and build credibility with the court while aggressively challenging the prosecution’s attempts to admit prejudicial, nonspecific “trauma-informed” testimony. You'll see how the defense team highlighted the lack of specific application of the expert's knowledge to the facts of the case, exposed methodological flaws, and held the state to its burden under Daubert and Rule 703. When the court excluded the testimony, it wasn’t luck—it was preparation, legal precision, and an effective courtroom narrative. For defense attorneys, the transcript provides a model for how to cross-examine these experts when exclusion is denied: using their own articles and inconsistencies against them, narrowing their scope, and forcing them to admit the limits of their knowledge.
This program delivers concrete, ready-to-use strategies for trial lawyers: sample voir dire questions to inoculate jurors against rape myth testimony; checklists for preparing Daubert motions; key case citations to support exclusion; and language for crafting tailored jury instructions that caution against undue reliance on expert credibility bolstering. The presentation also addresses how to educate judges—especially in jurisdictions where these experts are routinely allowed—on why this testimony is not just unhelpful, but prejudicial.
Defense attorneys who watch this program will walk away with far more than theory. You’ll get tactical tools, persuasive language, and tested arguments that can shift the balance in court. This training will help you defend your client more effectively, assertively challenge improper expert testimony, and prevent the prosecution from using science as a substitute for proof. For any attorney handling sexual assault cases, this is an indispensable resource for protecting your client’s right to a fair trial.
Detailed written materials are included.
CLE Credit: Up to 1 hour of self-study CLE Credit, where authorized. Please confirm with your state's CLE commission to ensure this program is available for self-study CLE certification.
Prices
- List Price $39.00
- Member Price $29.00