Added: April 2, 2016 – Last updated: April 2, 2016

TITLE INFORMATION


Authors: Sarah Zydervelt, Rachel Zajac, Andy Kaladelfos, and Nina Westera

Title: Lawyers' Strategies for Cross-Examining Rape Complainants

Subtitle: Have We Moved Beyong the 1950s?

Journal: The British Journal of Criminology

Volume: Published online before online

Issue:

Year: 2016 (Published online: February 18, 2016)

Pages: 19 pages

ISSN: 0007-0955 – Find a Library: WordCat | eISSN: 1464-3529 – Find a Library: WordCat

Language: English

Keywords: Modern History: 20th Century, 21st Century | Oceanian History: New Zealand History | Prosecution: Trials



FULL TEXT


Link: Oxford University Press (Restricted Access)



ADDITIONAL INFORMATION


Authors:

Andy Kaladelfos, Griffith Criminology Institute, Griffith UniversityAcademia.edu

Nina J. Westera, School of Criminology and Criminal Justice, Griffith UniversityResearchGate

Rachel Zajac, Department of Psychology, University of Otago

Sarah Zydervelt, School of Psychology, Deakin UniversityResearchGate

Abstract: »Despite widespread reforms to legislation and policy, rape complainants still find cross-examination distressing, demeaning and humiliating. We conducted a systematic and holistic examination of cross-examination strategies to discern: (1) the range of tactics that defence lawyers use to challenge rape complainants’ accounts; and (2) whether—and if so, how—the approaches used currently differ from those used prior to the reforms. We compared the strategies and tactics used in cases that were prosecuted in the 1950s to those used in cases from the turn of the twenty-first century. Although contemporary complainants were subjected to lengthier cross-examinations involving a broader range of tactics than their historical counterparts, there was little difference in the breakdown of strategies and tactics across time periods.« (Source: British Journal of Criminology)

Contents:

  Introduction
    Background and law reforms
    Cross-examination strategies
  Method
    Court transcripts
    Contemporary transcripts
    Historical transcripts
    Case selection
    Final sample
    Analytic approach
  Results
    Overall characteristics of cross-examination
    Broad strategies during cross-examination
    Specific tactics during cross-examination
    Plausibility tactics
    Credibility tactics
    Reliability tactics
    Consistency tactics
  Discussion
    Implications
    Concluding comments
  Funding
  Acknowledgements
  References

Wikipedia: History of Oceania: History of New Zealand