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Expert evidence in sexual abuse cases Hamlin, Philip; Nation, Gerald

By: Contributor(s): Material type: ArticleArticlePublication details: Wellington, New Zealand New Zealand Law Society 1997Description: 181 pSubject(s): DDC classification:
  • 345.067
Summary: This paper, presented at the New Zealand Law Society Seminar, October 1997, was written to assist lawyers with difficult sexual abuse cases, for example, cases where the complainant and the defendant are both convincing. It aims to provide information for lawyers who are investigating the legitimacy of a complainant's allegations against the complainant's memory of events. The authors explore the provision of evidence in relation to medical and psychological evidence, s23(g) of the Evidence Act (1908), and memory in relation to expert opinion. Prosecution and defence perspectives and expert knowledge, that may be beneficial to both parties, are presented. Also covered is information for the practical application of this knowledge to assist in the proving of allegations. The authors suggest that future trends in the area of expert evidence in sexual abuse cases are likely to see reforms in the areas of admissibility and disclosure. The defence perspectives summary suggests that a greater use of expert evidence for the defence is unlikely because of the constraints of the legal aid system and the self-interest of experts who work in this field.
Holdings
Item type Current library Call number Status Barcode
Short paper Short paper Vine library TRO 345.067 EXP Available A00668478B

This paper, presented at the New Zealand Law Society Seminar, October 1997, was written to assist lawyers with difficult sexual abuse cases, for example, cases where the complainant and the defendant are both convincing. It aims to provide information for lawyers who are investigating the legitimacy of a complainant's allegations against the complainant's memory of events. The authors explore the provision of evidence in relation to medical and psychological evidence, s23(g) of the Evidence Act (1908), and memory in relation to expert opinion. Prosecution and defence perspectives and expert knowledge, that may be beneficial to both parties, are presented. Also covered is information for the practical application of this knowledge to assist in the proving of allegations. The authors suggest that future trends in the area of expert evidence in sexual abuse cases are likely to see reforms in the areas of admissibility and disclosure. The defence perspectives summary suggests that a greater use of expert evidence for the defence is unlikely because of the constraints of the legal aid system and the self-interest of experts who work in this field.

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