On Being a Novice Forensic Evaluator: Reflections from Early Career Forensic Psychologists

Previous research has considered the psychologist’s professional transition from trainee to independent practitioner. However, this work has generally focused on the experiences of psychotherapists or general psychologists. The purpose of the current commentary is to reflect on the experiences of early professional forensic evaluators. This commentary addresses four specific areas including difficulties with adversarial allegiance, perceptions of professional competency, balancing responsibilities associated with “expert” status, and roadblocks to standard test administration and scoring. When applicable, we reference empirical literature and professional ethical guidelines. We also offer suggestions for coping with these experiences. We hope this commentary will normalize these experiences for other early career evaluators as well as aid graduate students’ transition into the independent evaluator role.     

Sexual Trauma and Psychological Injuries: What Experts Need to Know

This article was written to introduce readers to the bodies of work that inform experts who conduct evaluations of plaintiffs or offer generic testimony in cases involving claims of psychological injuries in the aftermath of sexual trauma, including childhood sexual abuse, adult sexual assault, and sexual harassment. In addition to summarizing the research literatures on those three areas of maltreatment, it reviews what mental health experts should know about our laws, about professional standards for evaluations, and about other relevant areas of research, such as assessment of posttraumatic stress symptoms, disclosures by young children, “normal” childhood sexual behaviors, “repressed” or “recovered” memories, memory and trauma, memory distortions, and resilience.     

Forensic Methods and Procedures Applied to Child Custody Evaluations: What Judges Need to Know in Determining a Competent Forensic Work Product

Judges are seeing an increase in the number of forensic reports in the area of child custody. This increase in forensic mental health involvement suggests that judges need to better understand the application of current forensic mental health methodology to assist them in determining a competent forensic work product. Recent literature has argued that child custody evaluators need to craft their reports consistent with scientific methods and procedures as well as legal standards governing admissibility of scientific evidence. This paper provides a framework for judges to assist in determining whether a child custody evaluation has been crafted consistent with current behavioral science literature pertaining to use of forensic mental health methods and procedures.     

Closing the Gaps: Plaintiffs in Pivotal Sexual Harassment Cases

When he wrote Debtors in Court almost 30 years ago, Herbert Jacob laid the foundation for the legal mobilization research that has flourished in recent years. In arguing that litigants were political actors, Jacob showed that their social identities and Communications networks influenced their decisions to use the power of the law to vindicate their interests. This paper builds on Jacob's original insights to analyze the origins of the claim for sexual harassment as a Title VII violation. By focusing on the women who filed those claims, the paper examines the interaction of class, gender, and race that created social distance between the women and their harassers and employers. This distance made informal resolution of their disputes impossible, requiring the intervention of third parties. In addition, their Communications networks led them to attorneys able to generate and expand the new claim for sexual harassment. This analysis of a particular moment in legal history reveals the potential political significance of private litigation.     

The Reasonable Woman Standard: Effects on Sexual Harassment Court Decisions

Some federal courts have used a reasonable woman standard rather than the traditional reasonable man or reasonable person standard to determine whether hostile environment sexual harassment has occurred. The current research examined the impact of the reasonable woman standard on federal district court decisions, controlling for other factors found to affect sexual harassment court decisions. Results indicated that there was a weak relationship between whether a case followed a reasonable woman precedent-setting case and the likelihood that the court decision favored the plaintiff. The implications of our findings for individuals and organizations involved in sexual harassment claims are discussed.     

Explaining Sexual Harassment Judgments: Looking Beyond Gender of the Rater

Law and Human Behavior - In two decades of research on sexual harassment, one finding that appears repeatedly is that gender of the rater influences judgments about sexual harassment such that...     

Sexual Harassment and Posttraumatic Stress Disorder: Damages Beyond Prior Abuse

This study examined the extent to which harassment experiences correlate with posttraumatic stress disorder (PTSD) symptoms, and whether diagnosable PTSD on the basis of sexual harassment occurs after accounting for prior PTSD, prior sexual abuse, and prior psychological dysfunction. The sample consisted of a two-wave panel of 445 women who had received a domestic violence protective order from a Kentucky court. Hierarchical linear and logistic analyses confirmed that sexual harassment experiences were significantly correlated with PTSD symptoms after controlling for an extensive set of trauma variables measured in both the baseline and follow up interviews. Our findings lend further evidence that claims of PTSD from sexual harassment may be credible even if claimants have been victims of other forms of trauma.     

Selective Sexual Harassment: Differential Treatment of Similar Groups of Women Workers

If male workers categorize different groups of women coworkers and, subsequently, treat them differently, the experiences of women from one of these groups would not be indicative of the experiences of women from another group. When this different treatment involves hostile environment sexual harassment of one group, but not the other, then the law must recognize the possibility of "selective sexual harassment." Without this understanding of the nuances of the workplace dynamics, a court could mistake the women of the unharassed group as representing "reasonable women" and the women of the harassed group as simply oversensitive. This paper draws on empirical data to demonstrate such a situation and advocates for a version of the "reasonable victim" standard to facilitate a closer analysis of hostile environment sexual harassment suits.     

Idle Rights: Employees' Rights Consciousness and the Construction of Sexual Harassment Policies

This article analyzes women's legal consciousness in responding to unwanted sexual attention in the workplace. By focusing on a particular social problem, this study is situated in the particular legal domain of sexual harassment laws and in a specific organizational context. Taking the perspective of the intended beneficiaries of sexual harassment policies and procedures—women with complaints about sexual conduct in the workplace—I show that the implementation of grievance procedures creates powerful obstacles to women's efforts to assert those rights. Moreover, the practices implementing the policies can alter the very definition of sexual harassment in that setting. Thus, in enacting grievance procedures, women and supervisors construct a legality in particular workplaces that offers only limited protection for women's rights.     

Attributions of Blame and Responsibility in Sexual Harassment: Reexamining a Psychological Model

Kelley’s (Nebr Symp Motiv 15:192–238, 1967) attribution theory can inform sexual harassment research by identifying how observers use consensus, consistency, and distinctiveness information in determining whether a target or perpetrator is responsible for a sexual harassment situation. In this study, Kelley’s theory is applied to a scenario in which a male perpetrator sexually harasses a female target in a university setting. Results from 314 predominantly female college students indicate that consistency and consensus information significantly affect participants’ judgments of blame and responsibility for the situation. The authors discuss the importance of the reference groups used to derive consensus and distinctiveness information, and reintroduce Kelley’s attribution theory as a means of understanding observers’ perceptions of sexual harassment.     

How to Win Hearts and Minds: Corporate Compliance Policies for Sexual Harassment

Australian law provides incentives and encouragement for companies to develop their own sexual harassment policies. This paper reports on interviews with equal opportunity officers in Australia's financial services industry responsible for best practice sexual harassment policies. Their experiences evoke three scholarly critiques of corporate compliance as a regulatory strategy: (1) that corporate compliance programs are a means by which employees' lives are regimented and controlled by corporate governmentality, (2) or, even worse, that private management priorities subvert the principles of public‐regarding law while appearing to implement them, and (3) that even where law has some effect, regulatory strategies aimed at producing self‐regulatory compliance will provide insufficient deterrence to effect real change. The data however also show that the best of these best practice officers have themselves created complex strategies to resolve tensions between law and management, corporate goals, and normative pressures. In doing so, they have had to combine their personal, professional, and corporate commitments to "win hearts and minds" to antiharassment values by co‐opting management resources to compliance goals through strategic appeals to both "business case" arguments and the specter of public sanctions. This project of cooption depends on their own position and "clout" within the corporation.     

Creating Peer Sexual Harassment: Mobilizing Schools to Throw the Book at Themselves

This paper describes how peer-to-peer sexual harassment rapidly was transformed from an unremarkable reality of secondary school life into a serious social and legal problem. First, it shows how organizations and professionals served as an entry point for social change and legal mobilization. I argue that schools were quick to address peer sexual harassment because activists framed it as a moral and pedagogical issue that resonated with educators' deeply held professional values. Second, the paper shows how law and organizations developed endogenously. Without any legal mandate, schools created and institutionalized harassment policies. Courts then looked to these organizational practices to determine the content and scope of Title IX. In this way, schools literally "enacted" the law through their practices. This finding goes beyond previous work on endogeneity in that school policies influenced law at the level of doctrine, not simply at the level of meaning, enforcement, or application.     

Workplace Sexual Harassment in Policing: Perceived Psychological Injuries by Source and Severity

Relatively little is known about employee perceptions of workplace psychological injuries following sexual and nonsexual harassment. In quasi-military occupational organizations, such as policing, the rate of sexual harassment to workplace injuries from other sources is comparatively high. In an exploratory 5?×?2 between-subjects factorial experimental projection study, 220 New South Wales Police Force officers responded to one of ten experimental vignettes in which sources of psychological injury and the gender of the injured worker were systematically varied. Results revealed an unexpected effect of experience. Employees aged 30 years and older were significantly more likely to anticipate psychological consequences and clinically diagnosable symptoms than their younger counterparts. As hypothesized, a main effect of injury source, but not gender of the target, emerged for the severity of psychological consequences: a physical injury was perceived to produce significantly more severe psychological injuries than sexual harassment in the form of coercion and unwanted sexual attention. Contrary to the hypothesis, participants rated gender-based hostility higher than other types of sexual harassment as a source of severe psychological harm. Participants believed that gender-based hostility requires more professional intervention and predicted more negative workplace consequences than other psychological injuries caused by other workplace events. As hypothesized, women employees were generally viewed as significantly more vulnerable to negative workplace outcomes than men. The police officers who participated in this study considered women as more likely to experience workplace problems following sexual coercion than other types of workplace injury. Physical injuries, gender-based hostility, and sexual coercion were distinguished from nonsexual harassment and unwanted sexual attention as significantly more likely to produce clinically diagnosable injuries, irrespective of target gender. Implications of these findings for research, practice, and legal policy are discussed.     

Unraveling the Ivory Fabric: Institutional Obstacles to the Handling of Sexual Harassment Complaints

Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972 make universities liable for sexual harassment that occurs within both the employment and academic contexts. This article examines how universities implement and enforce the mandates of both Title VII and Title IX through exploratory research about sexual harassment complaint procedures at a public university system on the West Coast. In-depth interviews with personnel at each campus shed light on problems with inserting a complaint resolution process into an institution that simultaneously strives to eliminate sexual harassment, while wanting to protect itself from liability. This inherent conflict of goals is reflected in the differing roles of the Title IX office and the Women's Resource Center, in creation of a user friendly policy, and in the two branches of dispute resolution.     

The Testimony of Forensic Identification Science: What Expert Witnesses Say and What Factfinders Hear

This research examined how variations in the presentation of forensic science information affect factfinders’ judgments in a trial. Participants read a summary of a murder case, the critical testimony being the results of a microscopic hair comparison given by a forensic expert. Across two experiments we manipulated how the expert expressed his results, whether he gave an explicit conclusion concerning identity of the hair, and whether the limitations of forensic science were expressed during trial. Qualitative testimony was more damaging to the defense than quantitative testimony, conclusion testimony increased the defendant’s culpability ratings when findings were presented quantitatively, and expressing limitations of forensic science had no appreciable effect. Results are discussed in terms of factfinders’ interpretation of forensic identification evidence.     

Making the Sexual Harassment of Others Self-Relevant: The Roles of Identity Salience and Value Affirmation

In three experiments, female participants were primed to think of themselves as female university students or unique individuals. We predicted that group-primed participants would find reading about the sexual harassment of a female student threatening to their self-concepts. However, if these participants could affirm an important value, the threat to their personal self-esteem might be resolved. Group-primed participants who wrote about an important individual value reported higher personal self-esteem in comparison with group-primed participants who did not. However, when group-primed participants wrote about a value important to their group, they did not report higher personal self-esteem in comparison to group-primed participants who lacked this opportunity. The results suggest that group-primed participants who affirmed an important individual value reported higher personal self-esteem because it allowed them to re-categorize themselves as unique individuals who were different from the female victim.