Lawyers’ strategies for cross-examining rape complainants: have we moved beyond the 1950s?

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 r...

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Bibliographic Details
Main Author: Zydervelt, Sarah (Author)
Format: Electronic Article
Language:English
Published: 2017
In: The British journal of criminology
Year: 2017, Volume: 57, Issue: 3, Pages: 551-569
Online Access: Presumably Free Access
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Keywords:
Rape
Prosecution
Cross-examination
Courtroom questioning
Historical comparison
Vergewaltigung
Verfahrensverlauf
Vernehmung
Vernehmungstechniken
Kreuzverhör
Historischer Vergleich
Description
Summary: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
ISSN:1464-3529
DOI:10.1093/bjc/azw023