Advancing Justice Through Expert Testimony in Haiti

CHALLENGE

To promote the use of expert witness testimony, particularly important for prosecuting rape cases in Haiti, which at the time had the highest rate of rape in the hemisphere.

SOLUTION

Develop a film that could be used to promote the use of expert witness testimony in rape and other cases in Haiti among lawyers, judges, and law students. With the film, we developed a distribution strategy to ensure that new lawyers as well as those currently on the bench were open to introducing expert witnesses into their courtrooms for these and other types of cases.

OVERVIEW

In 2013, over 100 cases of rape were thrown out of Haitian courts because of a lack of information by judges about the crime of rape and why justice is so important. Haiti does not have a strong tradition of using expert witness testimony in the courtroom but it was needed to help rape victims find justice. In response, we worked with our partners the Institute for Justice in Haiti and the Bureau des Avocats Internationaux, to develop a film that was part instructional, part motivational, to push for the introduction and acceptance of expert witnesses in Haitian courtrooms. For this production, we interviewed lawyers, survivors, judges, legal scholars, legal advocates, and service providers (including forensic experts, gynecologists, or psychologists) to show the importance of introducing expert witnesses in rape cases. At the time of filming, Haiti had the highest rate of sexual violence in the hemisphere, yet one of the lowest prosecution rates. Women were afraid to come to court and in many cases, their petitions were thrown out due to a lack of knowledge that expert witnesses could provide, such as survivors confusion being something that regularly happens after an assault, helping to provide accountability to victims and deterrence of future crimes. As one interviewee said, “Judges feel more confident because of the use of these experts. They have to be able to hear doctors and psychologists as well as victims.” The film was used to promote the use of expert witnesses in rape cases in Haiti among both lawyers and judges. It became required viewing for all incoming lawyers in Haiti after its creation. 

Impact

This film was successfully used to promote greater awareness and use of expert testimony in Haitian Courtrooms. It was made required viewing for all law students. It enabled thousands of women who challenged their attackers for rape to get justice. 

Directed by Abby Goldberg. Created in collaboration with the New Media Advocacy Project. Available in Haitian Creole and English.