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Delayed Prosecution for Childhood Sexual Abuse

Delayed Prosecution for Childhood Sexual Abuse

Author: Penny Lewis
Publisher: Oxford University Press
ISBN: 9780199282289
Published In: April 2006
Format: Hardback , 272 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Interdisciplinary analysis of all the issues relating to delayed prosecutions of childhood sexual abuse
Integrates legal and psychological source material, making it a useful one stop resource for both fields
Takes a multi-jurisdictional approach, referring to the UK, Canada, Ireland, Australia, New Zealand, and the USA

Recent years have seen a growing number of criminal prosecutions for sexual offences against children which are alleged to have occurred many years before the time of prosecution. This is a relatively new phenomenon within the criminal justice system. This book examines the response of the criminal justice systems of common law jurisdictions to such challenging cases, and explores how the system should respond in order to ensure that the defendant receives a fair trial, whilst recognizing the reasons why complainants may delay reporting abuse for many years.

The book begins with a discussion of the psychological effects of childhood sexual abuse in order to shed light on the reasons why a victim might delay in making a complaint. Two central categories of delay are introduced: those in which the victim always remembered the abuse but was unable to complain; and those in which the victim's memory of the abuse was allegedly lost and later recovered. The debate over whether long-delayed criminal prosecutions should be brought, and the particular concerns raised by delayed childhood sexual abuse cases, are reviewed. Statutory and constitutional limits on the bringing of such cases are canvassed. The common law remedies of abuse of process and prohibition, which can ensure that unfair or oppressive prosecutions do not proceed, are examined.

The focus then turns to the trial of delayed childhood sexual abuse allegations, considering the use which can be made by the prosecution and defence of evidence of complaint and delay in complaint, and the methods by which the jury can be informed of the reasons why complainants may delay. The role of warnings to the jury about the absence of corroboration and the forensic disadvantage or prejudice which the defendant may have suffered as a result of the complainant's delay in coming forward is scrutinized. Particular problems raised in cases involving recovered memories, and those involving multiple allegations are analysed. Finally, retrospective assessment of trial fairness and the safety of convictions is considered.

The book is multi-jurisdictional in scope, focussing on those common law jurisdictions which have experienced a large number of such prosecutions: England and Wales; Ireland; Canada; Australia; New Zealand and the United States.

Readership: Academic and practicing lawyers in the fields of criminal law, criminal procedure, and criminal evidence; psychologists and psychiatrists and other expert witnesses in child abuse prosecutions; police officers, organisations representing complainants and alleged perpetrators for instance the various False Memory Syndrome Societies; and criminologists and social scientists.

1: Introduction

2: Limits on Prosecution

3: Abuse of Process

4: Prohibition

5: Delay in Complaint

6: Corroboration and Forensic Disadvantage

7: Recovered Memory

8: Multiple Allegations

9: Conclusion

Penney Lewis, Reader in Law, King's College London, and from September 2007, Professor of Law at King's College London

"...a significant contribution to our understanding of the complex legal, psychological, and familial/social dynamics that undergird this highly important area of criminal law...one is hard pressed to identify a rival publication in terms of the depth of the analysis, the rigour of the scholarship and the far-reaching nature of the proposed legislative and practical modifications of our existing practices...it cannot be doubted that delayed prosecutions of alleged sexual violence in childhood pose formidable problems for the criminal process. This excellent text will prove invaluable in assisting the Bench and Bar in grappling with the many difficult issues that arise and the wealth of references serves to orient future research efforts. Advocates who ignore the many lessons found in Delayed Prosecution for Childhood Sexual Abuse do so at the peril of their cases and of justice, in the ultimate analysis." - Criminal Law Quarterly

"... extremely thorough and perceptive. [Lewis] carefully compares and contrasts the differing approaches taken in different states and tracks the developments between and within states..." - Judith masson, Canadian Journal of Criminology and Criminal Justice