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005 | 20250709140603.0 | ||
008 | 250709s2025 |||||||| |||| ||| | eng d | ||
040 | _aAFVC | ||
100 |
_aMartschuk, Natalie _914144 |
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_aLawyers' strategies for cross-examining complainants of child sexual abuse _cetc Natalie Martschuk, Jane Goodman-Delahunty, Martine B. Powell, Nina Westera and Rachel Zajac |
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_bSage, _c2025 |
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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 | ||
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_aCHILD SEXUAL ABUSE _9121 |
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_aCRIMINAL JUSTICE _9167 |
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_aEVIDENCE _9237 |
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_aLEGAL PROFESSION _98151 |
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_aRAWEKE TAMARIKI _95562 |
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_aRŌIA _913644 |
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_aINTERNATIONAL _93624 |
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_aAUSTRALIA _92597 |
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_aGoodman-Delahunty, Jane _93818 |
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_aPowell, Martine B. _94568 |
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_aWestera, Nina _99339 |
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_aZajac, Rachel _911434 |
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773 | 0 | _tJournal of Criminology, 2025, First published online, 20 May 2025 | |
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_aJournal of Criminology _99949 |
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_uhttps://doi.org/10.1177/26338076251335352 _zdoi: 10.1177/26338076251335352 (Open access) |
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_2ddc _cARTICLE _hnews134 |
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_c9292 _d9292 |