Thinking Differently about ‘False Allegations’ in Cases of Rape: The Search for Truth

Wheatcroft, Jacqueline M.; Walklate, Sandra

doi:10.6000/1929-4409.2014.03.20

Cited by 15 publications

(11 citation statements)

References 39 publications

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“…I had to account for every aspect of my life (Sally, 247–253). (Wheatcroft et al, 2009: 265)Although it is acknowledged that this report draws upon a few rape victims’ experiences, they do mirror repeated discussions in research works (Ellison, 2007; Wheatcroft and Walklate, 2014) and commentaries in some media reports. 5…”

Section: Introductionmentioning

confidence: 68%

Witness assistance and familiarisation in England and Wales

Wheatcroft

2016

The International Journal of Evidence & Proof

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Since the 1700s, lawyers have controlled interactions with witnesses in court. In England and Wales, witness familiarisation, endorsed in R v Momodou [2005], 1 aimed to demystify the process and through practical guidance assist witnesses to give their best evidence in legal proceedings, with the result that they are less likely to be confused, misled or unduly influenced by the process of cross-examination. This paper outlines empirical research which indicates that familiarisation can be helpful; though it argues that justice systems should develop best practices for the elicitation of accurate evidence and not leave it to witnesses to combat the system’s shortcomings. Given that this is particularly acute for vulnerable witnesses (and familiarising witnesses to cross-examination is in its infancy), the paper draws attention to R v Lubemba [2014], 2 which suggests that there is no right to put a case to a witness in child cases. The article also discusses witness approaches in the context of the right to challenge concept.

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Section: Introductionmentioning

confidence: 68%

Witness assistance and familiarisation in England and Wales

Wheatcroft

2016

The International Journal of Evidence & Proof

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“…It is in this context that an alternative approach that might start to better balance the existing injustices and harms that are associated with UACSA and compounded by existing forms of CPD and FAD could be to adopt the kind of 'interactional belief' about allegations of CSA as proposed by Wheatcroft and Walklate (2014), although it would be extended here to recognise and include the harms and injustices to genuine victims of false allegations of CSA as well as to genuine victims of CSA. At first blush, the notion to work on any basis that complainants are truthful may look like it merely corresponds with a CPD perspective and the recent move by police and prosecutors to believe allegations of CSA at the point of the complaint.…”

Section: Resultsmentioning

confidence: 99%

Rethinking the Competing Discourses on Uncorroborated Allegations of Child Sexual Abuse

Naughton

2018

The British Journal of Criminology

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This article shows that the competing discourses on uncorroborated allegations of child sexual abuse (UACSA) each rest on unreliable epistemic assumptions, meaning that in any given case it is uncertain whether the individual making the accusation is a genuine victim or the perpetrator of a false allegation against an innocent individual. It argues that this presents a fatal challenge to the existing fields of knowledge and practice on either side of the discursive divide in terms of how alleged victims in UACSA cases are conceptualised and measured and how they are acted upon. It concludes with a call for an open-minded approach which prioritises the pursuit of truth in investigations to try to ensure that criminal justice system interventions in such an inherently problematic area are just and that they do not cause or compound the forms of harm and injustice currently at play.

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“…Children commonly state that they delayed disclosing abuse for over 6 months. Therefore, the belief, potentially held by jurors that genuine assault would be reported to authorities immediately, does not seem to fit the realities of children's disclosure processes of CSA (Wheatcroft & Walklate, 2014). As such, it is recommended that juries could in future be made aware that such delays and failures of disclosure are in fact common and to be expected of CSA cases (McElvaney, 2013).…”

Section: Discussionmentioning

confidence: 99%

Disclosure of Child Sexual Abuse: A Review of Factors that Impact Proceedings in the Courtroom

Skinner¹

2020

Reviewing Crime Psychology

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The act of disclosure is a key moment in the process of bringing alleged child sexual abuse (CSA) to court and is, therefore, a frequent point of contention for lawyers. Yet no article has systematically addressed the current applied psychological literature regarding the act of disclosure by alleged CSA victims relating to the courtroom process. This is a survey-style literature review, which seeks to establish the factors necessary for academics, practitioners, jurors and policy makers alike to study in order to be fully informed about the domain of CSA disclosure both before and then inside the courtroom.Children often delay disclosing for a long period and this may be affected by specific case characteristics. Lawyers question children about their disclosures in very different ways with both the defence and prosecution utilizing developmentally inappropriate questioning methods to advance their respective arguments. Children also respond differently to the prosecution and defence, with variations in both content and detail provided within their answerA challenge exists to be able to balance the securing of accurate testimonyespecially given developmental differenceswith the freedom of defendants to challenge such crucial evidence in the manner of their choice. This article highlights some of the implications of the current system which can effect any optimum assessment of the important process of victim disclosure, both outside and within the courtroom.

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Thinking Differently about ‘False Allegations’ in Cases of Rape: The Search for Truth

Cited by 15 publications

References 39 publications

Witness assistance and familiarisation in England and Wales

Witness assistance and familiarisation in England and Wales

Rethinking the Competing Discourses on Uncorroborated Allegations of Child Sexual Abuse

Disclosure of Child Sexual Abuse: A Review of Factors that Impact Proceedings in the Courtroom

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