Citation

Magner ES. Behav. Sci. Law 2000; 18(2-3): 217-246.

Affiliation

School of Law, University of New England, Armidale, NSW, Australia. emagner@metz.une.edu.au

Copyright

(Copyright © 2000, John Wiley and Sons)

DOI

10.1002/1099-0798(200003/06)18:2/3<217::AID-BSL398>3.0.CO;2-1

PMID

10874288

Abstract

The framework provided by therapeutic jurisprudence is used to examine the rules of evidence that govern sexual assault trials. The concern is with the impact of the trial process on the accusing witness. In the first part a personal narrative is used to put the legal rules in context. Psychological sources are used in discussing the reasons for presenting such a narrative. In the second part, the effect of statutory changes to the common law rules as effected in NSW in 1981 is analyzed. Drawing upon the Heroines of Justice report the paper suggests that the intention of reducing the trauma of the victim has not yet been achieved. It is suggested that this failure is not unique. A change in attitude on the part of those involved in the trial process is necessary, and the hope is that this paper might contribute to such a change.

Language: en