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The cost of being a legal patient: Judicial use of rape defendants' and victims’ psychiatric records in South Korea

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  • Park, Joohyun

Abstract

Mental health evidence in courts can either support or undermine the trustworthiness and accuracy of each party's claims. When defendants and victims of sex crimes against women present their medical evidence, how are their claims impacted differently? This paper examines the court's interpretation of defendants' and victims' psychiatric records in 821 South Korean court cases involving rape (2013–2023). The findings show that a defendant's credibility is discussed as a potential mitigating factor in determining their responsibility and treatability. In contrast, a victim's credibility is debated at the risk of dismissing the entire case, determining the occurrence of the crime and new harm. This structural imbalance is exacerbated when rape trials turn into false accusation trials, in which rape victims must use their psychiatric evidence to invalidate their own rape allegations. The paper highlights the asymmetrical cost of being a patient to speak up in court and discusses the consequences of diagnosis with the term legal patient.

Suggested Citation

  • Park, Joohyun, 2025. "The cost of being a legal patient: Judicial use of rape defendants' and victims’ psychiatric records in South Korea," Social Science & Medicine, Elsevier, vol. 376(C).
    • Handle: RePEc:eee:socmed:v:376:y:2025:i:c:s0277953625004381
    DOI: 10.1016/j.socscimed.2025.118108
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    References listed on IDEAS

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    1. Du Mont, Janice & White, Deborah & McGregor, Margaret J., 2009. "Investigating the medical forensic examination from the perspectives of sexually assaulted women," Social Science & Medicine, Elsevier, vol. 68(4), pages 774-780, February.
    2. Radcliffe, Polly, 2011. "Motherhood, pregnancy, and the negotiation of identity: The moral career of drug treatment," Social Science & Medicine, Elsevier, vol. 72(6), pages 984-991, March.
    3. Phillips, Tarryn, 2012. "Repressive authenticity in the quest for legitimacy: Surveillance and the contested illness lawsuit," Social Science & Medicine, Elsevier, vol. 75(10), pages 1762-1768.
    4. Fernandez, Fabrice & Lézé, Samuel, 2014. "The psychiatric report as moral tool: A case study in a French district court," Social Science & Medicine, Elsevier, vol. 116(C), pages 41-48.
    5. Dumit, Joseph, 2006. "Illnesses you have to fight to get: Facts as forces in uncertain, emergent illnesses," Social Science & Medicine, Elsevier, vol. 62(3), pages 577-590, February.
    6. White, Deborah & Du Mont, Janice, 2009. "Visualizing sexual assault: An exploration of the use of optical technologies in the medico-legal context," Social Science & Medicine, Elsevier, vol. 68(1), pages 1-8, January.
    7. Taipale, Jaakko & Hautamäki, Lotta, 2021. "Clinical practice guidelines in courts’ representation of medical evidence and testimony," Social Science & Medicine, Elsevier, vol. 275(C).
    8. Jutel, Annemarie & Nettleton, Sarah, 2011. "Towards a sociology of diagnosis: Reflections and opportunities," Social Science & Medicine, Elsevier, vol. 73(6), pages 793-800, September.
    9. Wamsiedel, Marius, 2020. "Credibility work and moral evaluation at the ED," Social Science & Medicine, Elsevier, vol. 248(C).
    10. Pryma, Jane, 2017. "“Even my sister says I'm acting like a crazy to get a check”: Race, gender, and moral boundary-work in women's claims of disabling chronic pain," Social Science & Medicine, Elsevier, vol. 181(C), pages 66-73.
    11. Werner, Anne & Malterud, Kirsti, 2003. "It is hard work behaving as a credible patient: encounters between women with chronic pain and their doctors," Social Science & Medicine, Elsevier, vol. 57(8), pages 1409-1419, October.
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