Witness Testimony in Sexual Cases: Evidential, Investigative and Scientific Perspectives | 2016
Witness Testimony in Sexual Cases: Evidential, Investigative and Scientific Perspectives | 2016
| Editors |
Pamela Radcliffe, Gisli H. Gudjonsson CBE, Anthony Heaton-Armstrong, & David Wolchover |
| Publication Date | 21 Jan 2016 |
| ISBN | 9780199672936 |
|
Format |
Softcover |
| Publisher | Oxford |
- Provides thorough and well-rounded analysis of the complex and sensitive subject of witness testimony in sexual offence cases.
- Features insights from a multidisciplinary team of experts in law, forensic and clinical psychology, and medicine—offering a comprehensive and interconnected understanding of the issues involved.
- Tailored to support criminal justice professionals throughout every stage of the legal process, from the initial report to courtroom proceedings.
- Includes in-depth discussion on the specific needs and protections required for vulnerable witnesses.
- Builds upon the foundation of Witness Testimony: Psychological, Investigative and Evidential Perspectives (OUP, 2006), expanding and updating its content for current practice.
Sexual offence cases are inherently intricate and often contentious, posing numerous procedural and legal hurdles for practitioners. The rising volume of such cases—particularly historical allegations—places increasing pressure on the criminal justice system. Given their complexity, sexual offences are widely regarded as a specialised area requiring practitioners to possess a unique blend of legal expertise and scientific insight, particularly in relation to handling witness testimony.
Witness Testimony in Sexual Cases explores both the legal and scientific dimensions involved in the collection and assessment of testimony from complainants in sexual cases. It offers a comprehensive and balanced examination of the challenges surrounding witness evidence throughout the entire legal process.
This text is designed to equip legal professionals with the knowledge necessary to navigate current legal frameworks and scientific developments when investigating, assessing, and cross-examining witness accounts in sexual offence cases. Adopting a clear and instructional approach, the book integrates discussions on legal principles and procedure with specialist insights into cognitive processes affecting both vulnerable and non-vulnerable witnesses.
It also highlights psychological and psychiatric elements that may either strengthen or weaken the credibility of witness evidence—for instance, when mental health conditions are involved, or where memory recall over extended periods becomes an issue.
Witness Testimony in Sexual Cases offers practitioners a nuanced understanding of the factors that may affect the reliability of testimony, while also identifying elements that can improve witness quality. Drawing from a range of disciplines, the book provides access to knowledge not easily found elsewhere and promotes a thorough, interdisciplinary approach to evaluating witness evidence in the specific context of sexual offence trials.
Contents of Witness Testimony in Sexual Cases: Evidential, Investigative and Scientific Perspectives:
Introduction
Part I: Evidential perspectives
1:Witness testimony: Context, vulnerabilities and issues
2:Prosecuting sexual offences in England and Wales
3:Disclosure issues in the investigation and trial of allegations of sexual assault
4:Abuse of process and delayed prosecutions
5:Two Aspects of the Statutory restriction on introducing the complainant s sexual history
6:Bad Character provisions and their application to sexual offences
7:Expert evidence in trials of sexual offences
8:Defending serious sexual assault: Ethical and effective advocacy
9:Sexual allegations against medical professionals
10:Sexual allegations and evidence gathering in the family court
11:International case studies
12: Institutional abuse inquiries
Part II: Investigative and scientific perspectives
13:Analysing and improving the testimony of vulnerable witnesses interviewed under the Achieving Best Evidence protocol.
14:Investigative practice
15:Providing for the needs of witnesses
16:Understanding what children say: Avoiding the pitfalls of child testimony
17:Forensic science, forensic medicine and sexual crime
18:The interpretation of clinical signs of sexual abuse in children
19:Child and adolescent sexual assault examinations: Good practice and key issues
20:Common psychiatric, psychological and learning disorders and treatment
21:Neurological memory disorders
22:Memory and reliability: Developments and controversial issues
23:How misconceptions about memory may undermine witness testimony
24:Pathological lying
25:Conclusion
"Understanding the difficulties faced by vulnerable and intimidated victims is essential to improving our service to them. This book will help investigators, lawyers and advocates to understand factors that can improve the quality of witness testimony in these complex cases." - Alison Saunders, Director of Public Prosecutions
"Like never before, there is a need for the conscientious practitioner in cases of a sexual nature to ensure that they are armed with the essentials of trial preparation and the practice of advocacy in this field. This work undoubtedly deserves to sit alongside Rook and Ward and the Toolkits from the Advocatesâ Gateway on the practitioner's shelf, such is its worth and weight." - Tony Cross QC, former Chairman, Criminal Bar Association
"It would be difficult to find a more lucid analysis of statutory provision and of authority which can then be applied to the working day in Crown Courts nationwide. Struggling with the intractable is suddenly less worrying - it might not be intractable at all, given the accrued wisdom scholarship and good sense these pages offer." - The Right Honourable Lady Justice Rafferty QC, Chairman of the Board of the Judicial College of England and Wales
"This book is a wonderful resource and required reading for anyone who wants to understand this important subject. It combines a wealth of valuable information from different disciplines with great practical insight." - His Honour Judge Nicholas Hilliard QC, the Recorder of London
"This is a 'must-read' book for all legal justice professionals, and experts, concerned with sexual cases. It is written in a simple, comprehensible way by leading academics, authoritative experts and senior practitioners. The diverse background of the contributing authors leads to a refreshing mix of styles, akin to attending a conference with a variety of speakers. Witness Testimony in Sexual Cases identifies and achieves the difficult task of bridging the knowledge gap that sometimes exists between the law and science in courts, especially in relation to the psychological sciences. The short chapters make the messages contained within them very easy to absorb. The international comparative perspective provides a stimulating and added dynamic to the text. This book will be an invaluable resource for every lawyer and justice professional, whether in the family, criminal or regulatory arena." - Leslie Cuthbert, Vice-Chair of the Solicitors Association of Higher Court Advocates

Latest releases
Get your copy today!
