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.
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