Because such claims are so hard to verify and so rhetorically potent, I would be in favor of a rule that claims of having been traumatized cannot be presented as evidence in court.
Because such claims are so hard to verify and so rhetorically potent, I would be in favor of a rule that claims of having been traumatized cannot be presented as evidence in court.
For example, the rule would not disallow "I was almost killed by the defendant's reckless action" and would not disallow "the defendant's attack put me fear for my life", but it would disallow, "and one of the effects of that experience was psychological trauma".
>but also any argumentation or evidence that tries to substantiate the claim (including testimony by expert witnesses in my ideal the version of the rule) in legal proceedings.
So you wont also let people substantiate claims? What??
>For example, the rule would not disallow "I was almost killed by the defendant's reckless action" and would not disallow "the defendant's attack put me fear for my life", but it would disallow, "and one of the effects of that experience was psychological trauma".
Have you ever been involved in such a lawsuit, out of curiosity?
The intentional infliction of emotional distress has long been recognized as a tort. You have to substantiate it, of course.
Disallowing testimony about psychological trauma is consistent with criminalizing intentional attempts to cause it -- and in fact the vast majority of attempts to cause psychological trauma are probably covered by existing laws against assault.
(Also, I hope everyone realizes that not all emotional distress is psychological trauma.)