Witness Testimony in Sexual Cases: Evidential, Investigative and Scientific Perspectives

Paperback | February 20, 2016

EditorPamela Radcliffe, Gisli H. Gudjonsson CBE, Anthony Heaton-Armstrong

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Sexual cases are inherently complex and sometimes controversial presenting the practitioner with a multitude of procedural and legal challenges. The increasing number of sexual cases, often historic, places significant demands upon the criminal justice system. Sexual crime is recognised as aspecialist area which demands unique skills from the practitioner and handling witness testimony in these cases calls for skills and knowledge that encompass both law and science. Witness Testimony in Sexual Cases focuses on legal and scientific considerations that arise when obtaining and evaluating sexual complaint testimony. It provides comprehensive and balanced coverage of this difficult and challenging topic across the complete spectrum of involvement in the legalprocess. This book equips legal professionals with an understanding of current legal and scientific issues when investigating, evaluating and testing witness testimony in sexual cases. Using a didactic approach the book combines an exposition on the law and procedure with a range of specialist perspectiveson cognitive processes pertaining to vulnerable and non-vulnerable witnesses. The book identifies psychiatric and psychological factors that may enhance or impair the quality of witness testimony for instance where a witness suffers from mental health problems or where long-term memory recall isinvolved. The book provides practitioners with an understanding of factors which tend to undermine the reliability of witness testimony, but also focuses on those factors which may enhance witness quality.Witness Testimony in Sexual Cases draws together learning not readily available and encourages anintegral and rigorous approach to the analysis of witness testimony in the special context of sexual cases.

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From the Publisher

Sexual cases are inherently complex and sometimes controversial presenting the practitioner with a multitude of procedural and legal challenges. The increasing number of sexual cases, often historic, places significant demands upon the criminal justice system. Sexual crime is recognised as aspecialist area which demands unique skills f...

Pamela Radcliffe was called to the Bar in 1979. Her practice has spanned both criminal (defending) and family jurisdictions, encompassing a broad range of complex and grave allegations, including serious sexual assault. Radcliffe's academic interest lies in the interface between psychology and the law, especially memory science and cri...

other books by Pamela Radcliffe

Format:PaperbackDimensions:416 pagesPublished:February 20, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199672938

ISBN - 13:9780199672936

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Table of Contents

IntroductionPart I: Evidential perspectives1. Witness testimony: Context, vulnerabilities and issues2. Prosecuting sexual offences in England and Wales3. Disclosure issues in the investigation and trial of allegations of sexual assault4. Abuse of process and delayed prosecutions5. Two Aspects of the Statutory restriction on introducing the complainant s sexual history6. Bad Character provisions and their application to sexual offences7. Expert evidence in trials of sexual offences8. Defending serious sexual assault: Ethical and effective advocacy9. Sexual allegations against medical professionals10. Sexual allegations and evidence gathering in the family court11. International case studies12. Institutional abuse inquiriesPart II: Investigative and scientific perspectives13. Analysing and improving the testimony of vulnerable witnesses interviewed under the Achieving Best Evidence protocol.14. Investigative practice15. Providing for the needs of witnesses16. Understanding what children say: Avoiding the pitfalls of child testimony17. Forensic science, forensic medicine and sexual crime18. The interpretation of clinical signs of sexual abuse in children19. Child and adolescent sexual assault examinations: Good practice and key issues20. Common psychiatric, psychological and learning disorders and treatment21. Neurological memory disorders22. Memory and reliability: Developments and controversial issues23. How misconceptions about memory may undermine witness testimony24. Pathological lying25. Conclusion

Editorial Reviews

"The result is not only a source of much practical assistance structured in an accessible and coherent manner but also a series of very valuable insights. (From the foreword)." --The Right Hon. The Lord Thomas of Cwmgiedd, Lord Chief Justice of England and Wales (from the Foreword)