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Delayed Prosecution for Childhood Sexual Abuse$
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Penney Lewis

Print publication date: 2006

Print ISBN-13: 9780199282289

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199282289.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 16 December 2019

Recovered Memory

Recovered Memory

Chapter:
(p.153) 7 Recovered Memory
Source:
Delayed Prosecution for Childhood Sexual Abuse
Author(s):

Penney Lewis

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199282289.003.0007

The judicial approaches to the admission of recovered memories of CSA in criminal prosecutions fall into three models. First, using the law of expert evidence, all such testimony is excluded as the product of one or more unreliable techniques, or some subset is identified for exclusion. Second, the admission or exclusion of the testimony is determined on a case-by-case basis through a pre-trial reliability assessment. Third, such testimony is simply admitted, with cross-examination, appropriate expert evidence, and jury instructions forming safeguards. A fourth option is advocated, inspired by the way the English common law deals with inherently suspect evidence such as eyewitness identification evidence. The evidence would be admitted, the jury would receive appropriate warnings, and the trial judge would be required to direct a verdict of not guilty if the complainant's testimony is weak and no supporting evidence exists.

Keywords:   expert evidence, exclusion of evidence, unreliable evidence, pre-trial assessment, cross-examination, identification evidence, judicial warnings, jury instructions, supporting evidence

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