Untested assumptions: psychological research and credibility assessment in legal decision-making

Abstract

BACKGROUND: Trauma survivors often have to negotiate legal systems such as refugee status determination or the criminal justice system. METHODS & RESULTS: We outline and discuss the contribution which research on trauma and related psychological processes can make to two particular areas of law where complex and difficult legal decisions must be made: in claims for refugee and humanitarian protection, and in reporting and prosecuting sexual assault in the criminal justice system. CONCLUSION: There is a breadth of psychological knowledge that, if correctly applied, would limit the inappropriate reliance on assumptions and myth in legal decision-making in these settings. Specific recommendations are made for further study.

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