Introduction

Ellison, Nicolas

doi:10.4000/books.editionsmsh.10594

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“…The above provision overcomes the rule against 'oath-helping' and arguments that educative evidence should not be admitted because it bolsters a complainant's credibility. 178 Since the enactment of ss 79(2) and 108C, expert evidence about child development and behaviour is now admissible from suitably qualified experts to bolster the credibility of a child complainant. But s. 108C represents a narrow gateway because:…”

Section: The Calls For Law Reform: Too Soft To Be Heard?mentioning

confidence: 99%

Expert Witness Evidence in Sexual Assault Trials: Questions, Answers and Law Reform in Australia and England

Cossins

2013

The International Journal of Evidence & Proof

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A review of the psychological literature shows that jury-eligible citizens rely on a range of misconceptions based on victim and gender stereotypes when assessing the credibility of sexual assault complainants and rendering verdicts. Since these misconceptions are likely to account for the high attrition and low conviction rates in sexual assault trials in both England and Australia, this article investigates whether or not educative information ought to be admitted in these trials via an expert witness or a judicial direction. It also investigates the type of expert evidence that would be admissible in an adversarial context and the legislative models for doing so, based on Australian reforms. The article concludes by making four recommendations for reform to the laws of evidence in Australia, England and Wales.ike many other developed countries, the crime of sexual assault in Australia and England and Wales is characterised by low reporting rates, high attrition rates and low conviction rates at trial, 1 indicating that a sex offence is one of the most difficult crimes to investigate and prosecute. It is likely that the feedback effect of low conviction rates at trial influences the type of cases that police and prosecutors will investigate and prosecute, as well as the low guilty plea rate for those charged with a sex offence compared to other offences. 2Many have argued that because sexual assault is the type of crime where forensic evidence may be unavailable or unable to prove a lack of consent, the problem is one of evidence 3 or false complaints. 4 If a case involves the word of a complainant against the word of a defendant, with little or no corroborating evidence, insufficiency of evidence is said to be both the problem and the reason for low conviction rates at trial and high acquittal rates before trial.The contrary argument is that myth, prejudice and disbelief surround the reporting, investigation and prosecution of sexual assault, 5 producing a 'culture of scepticism'. 6 While this may account for the reluctance of police to investigate some cases, a culture of disbelief also permeates the criminal trial, including the jury room. It cannot be assumed that the average juror 'has a good understanding of all the insights that decades of psychological research have yielded' 7 about the effects of sexual assault on victims. This means that jurors, making decisions

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Section: The Calls For Law Reform: Too Soft To Be Heard?mentioning

confidence: 99%

Expert Witness Evidence in Sexual Assault Trials: Questions, Answers and Law Reform in Australia and England

Cossins

2013

The International Journal of Evidence & Proof

View full text Add to dashboard Cite

show abstract

Introduction

Cited by 1 publication

References 0 publications

Expert Witness Evidence in Sexual Assault Trials: Questions, Answers and Law Reform in Australia and England

Expert Witness Evidence in Sexual Assault Trials: Questions, Answers and Law Reform in Australia and England

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