000 02604nab a22003257a 4500
005 20250709140603.0
008 250709s2025 |||||||| |||| ||| | eng d
040 _aAFVC
100 _aMartschuk, Natalie
_914144
245 _aLawyers' strategies for cross-examining complainants of child sexual abuse
_cetc Natalie Martschuk, Jane Goodman-Delahunty, Martine B. Powell, Nina Westera and Rachel Zajac
260 _bSage,
_c2025
500 _aJournal of Criminology, 2025, First published online, 20 May 2025
520 _aLegal professionals and researchers have expressed concern that the cross-examination of complainants in Child Sexual Abuse (CSA) cases is unfair and can leave complainants confused, humiliated, and re-victimised. This study provided a multijurisdictional analysis of cross-examinations of 120 child, adolescent, and adult complainants in 91 Australian CSA trials. We examined (1) defence lawyers’ cross-examination practices, (2) how these varied according to complaint characteristics, and (3) whether cross-examination practices were associated with trial outcomes. Lawyers challenged the inconsistency, plausibility, reliability, and credibility of complainants’ accounts using an average of 75 specific lines of questioning per complainant. Older complainants were more intensely cross-examined about inconsistency, plausibility, and with multipurpose lines of questioning. A greater focus on reliability and credibility was associated with a higher likelihood of acquittal. Penetrative abuse claims were around three times more likely to result in convictions than non-penetrative claims, and joint trials about 10 times more likely to result in convictions than trials with a single complainant. This empirical study provides a foundation for improving the cross-examination of vulnerable complainants. (Authors' abstract). Record #9292
650 _aCHILD SEXUAL ABUSE
_9121
650 _aCRIMINAL JUSTICE
_9167
650 _aEVIDENCE
_9237
650 _aLEGAL PROFESSION
_98151
650 _aRAWEKE TAMARIKI
_95562
650 _aRŌIA
_913644
651 _aINTERNATIONAL
_93624
651 _aAUSTRALIA
_92597
700 _aGoodman-Delahunty, Jane
_93818
700 _aPowell, Martine B.
_94568
700 _aWestera, Nina
_99339
700 _aZajac, Rachel
_911434
773 0 _tJournal of Criminology, 2025, First published online, 20 May 2025
830 _aJournal of Criminology
_99949
856 _uhttps://doi.org/10.1177/26338076251335352
_zdoi: 10.1177/26338076251335352 (Open access)
942 _2ddc
_cARTICLE
_hnews134
999 _c9292
_d9292