PTSD assessments in sexual assault trials in Taiwan: Interdisciplinary Challenges and Implications for Judicial Policy Reform

Abstract

This study investigates the impact of forensic post-traumatic stress disorder (PTSD) evaluations on judicial outcomes in sexual offense cases in Taiwan, while also analyzing associated risks and proposing potential improvements.

In light of the limited statistical data and judicial assessments of such reports in Taiwan, the study employs a quantitative research design, analyzing sexual assault rulings from 2020 to 2023 across six district courts (Kaohsiung, Ciaotou, Taichung, New Taipei, Taipei, and Shilin). Additionally, in-depth interviews were conducted with three judges to gather qualitative insights into judicial perceptions of PTSD evaluation reports.

The results indicate a statistically significant correlation between the presence of PTSD forensic assessments and guilty verdicts. Judges generally recognized the evidentiary value of such reports, though the degree of reliance varied by region. Courts in southern Taiwan (Kaohsiung and Ciaotou) showed higher usage rates, whereas courts in central and northern regions tended to rely more on general medical diagnoses, likely due to limited collaboration with evaluation institutions, budget constraints, and lengthy assessment procedures. Moreover, the structure of Taiwan's National Health Insurance system may contribute to risks of overdiagnosis, potentially affecting the fairness of trials. Based on these findings, the study offers four key recommendations: (1) formal PTSD evaluations by certified institutions for suspected victims; (2) allocation of sufficient resources and budgets for assessments across all jurisdictions; (3) development of a national registry of forensic psychiatric units to support legal practitioners; and (4) enhanced collaboration between judicial and medical institutions to improve case processing efficiency. Limitations regarding sample size and geographic scope are acknowledged, and future research is encouraged to broaden the dataset and explore additional factors influencing judicial decisions, in order to strengthen the institutionalization and application of PTSD assessments in sexual assault litigation.