An evaluation of how evidence is elicited from complainants of child sexual abuse / Martine Powell, Nina Westera, Jane Goodman-Delahunty, Anne Sophie Pichler.

Sydney : Royal Commission into Institutional Responses to Child Sexual Abuse, 2016.

200804

Child sexual abuse.

Trials (Child sexual abuse) -- Australia.

Child sexual abuse -- Law and legislation -- Australia.

Evidence, Criminal.

Examination of witnesses -- Australia.

Children -- Institutional care -- Australia.

Executive Summary

1. Introduction

2. Professionals' views on how to improve evidence-taking

3. Professionals' experiences with alternate measures

4. Factors that influence perceptions of cross-examination

5.Prosecution case file review

6. The usage of alternate measures

7.Review of NSW Sexual Assault Review Committee minutes --8. Nonverbal analysis of video and CCTV evidence

9. Police interviewing practices

10. Courtroom discussions about police interviews --11. The labelling of repeated occurrences

12. Judges' instructions to child complainants

13. Assessing truth/lie competency

14. Court questioning

15. Non-normative assumptions in cross-examination

16. Cross-examination strategies

17. Cross-examination on inconsistencies

18. Judicial interventions

19. General discussion

References

Appendices.

"The ability of child sexual abuse complainants to give quality evidence is crucial for successful prosecution, but it can be problematic for complainants to give such evidence. For both child and adult complainants, a willingness to engage in the justice process, and the accuracy and usefulness of the evidence they give, can be affected by anxiety and stress, delays in the trial process and how professionals question them. Over the past two decades, jurisdictions have attempted to address these concerns by introducing alternate measures and guidelines for eliciting evidence from child sexual abuse complainants. This report provides a comprehensive, holistic and contemporaneous picture of this process. Specifically, it examines: the use and effectiveness of alternate measures; how complainants are questioned when evidence is elicited."--Executive summary.

"August 2016".

Includes bibliographical references.

Report for the Royal Commission into Institutional Responses to Child Sexual Abuse

9781925289749

iii, 318 pages : illustrations ; 30 cm.