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Tonic Immobility as a Defensive Trauma Response to Rape: Bridging Public Health and Law
Brooke A de Heer1, Lynn C Jones1
1Department of Criminology and Criminal Justice, Northern Arizona University, Flagstaff, AZ, USA.
Violence Against Women
|May 19, 2023
Summary
Tonic immobility during a sexual assault is a valid trauma response, but legal consent definitions often fail to recognize it as nonconsent. This research suggests integrating this understanding into law to better support victims.
Area of Science:
- Forensic psychology
- Trauma studies
- Legal studies
Background:
- Tonic immobility (TI) is a scientifically validated trauma response in sexual assault victims.
- Criminal justice systems are increasingly adopting trauma-informed practices.
- Current legal definitions of consent often do not recognize TI as evidence of nonconsent.
Purpose of the Study:
- To analyze U.S. laws and policies on sexual violence and consent.
- To identify how tonic immobility is (or is not) addressed in legal definitions of consent.
- To propose improvements for integrating TI into legal frameworks and practices.
Main Methods:
- Systematic review of U.S. laws and policies related to sexual violence and consent.
- Analysis of legal reforms concerning rape law and consent definitions.
- Examination of existing legal practices and their intersection with trauma responses.
Main Results:
- Significant legal reforms in rape law and consent definitions have occurred.
- Existing legal frameworks often lack explicit recognition of tonic immobility as nonconsent.
- There is a gap between scientific understanding of TI and its legal acknowledgment.
Conclusions:
- Integrating the understanding of tonic immobility into U.S. law is crucial for improving justice for sexual assault victims.
- Legal and policy reforms are needed to ensure consent definitions fully encompass trauma responses like TI.
- Enhanced legal recognition of TI can improve public health and justice system responses to sexual violence survivors.
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