Witness testimony in sexual cases is a complex and controversial topic and this practical guide provides comprehensive and balanced advice for criminal justice professionals at all stages of involvement in the legal process. It draws together essential legal and scientific information for all professionals working in this field.

Psychological research can provide constructive explanations of key problems in the criminal justice system--and can help generate solutions. This state-of-the-art text dissects the psychological processes associated with fundamental legal questions: Is a suspect lying? Will an incarcerated individual be dangerous in the future? Is an eyewitness accurate? How can false memories be implanted? How do juries, experts, forensic examiners, and judges make decisions, and how can racial and other forms of bias be minimized? Chapters offer up-to-date reviews of relevant theory, experimental methods, and empirical findings. Specific recommendations are made for improving the quality of evidence and preserving the integrity of investigative and legal proceedings.

The exercise of prosecutorial discretion is one of the most important but least understood aspects of the administration of criminal justice. This paper provides an insight into the case by case considerations that inform prosecutorial decisions in adult sexual assault cases, through a thematic analysis of interviews with 24 Crown prosecutors in five Australian jurisdictions. The interviews highlight the factors that prosecutors take into account when assessing victim credibility and deciding whether to prosecute. The paper also discusses prosecutors' views on jurors' attitudes to and defence lawyers' use of moral and gender stereotypes, and the problem of victim intoxication or substance use.

The New York Times best selling true story of an unlikely friendship forged between a woman and the man she incorrectly identified as her rapist and sent to prison for 11 years. Jennifer Thompson was raped at knifepoint by a man who broke into her apartment while she slept. She was able to escape, and eventually positively identified Ronald Cotton as her attacker. Ronald insisted that she was mistaken-- but Jennifer's positive identification was the compelling evidence that put him behind bars. After eleven years, Ronald was allowed to take a DNA test that proved his innocence. He was released, after serving more than a decade in prison for a crime he never committed. Two years later, Jennifer and Ronald met face to face-- and forged an unlikely friendship that changed both of their lives. With Picking Cotton, Jennifer and Ronald tell in their own words the harrowing details of their tragedy, and challenge our ideas of memory and judgment while demonstrating the profound nature of human grace and the healing power of forgiveness.

In 1991, Anita Hill's testimony during Clarence Thomas's Senate confirmation hearing brought the problem of sexual harassment to a public audience. Although widely believed by women, Hill was defamed by conservatives and Thomas was confirmed to the Supreme Court. The tainting of Hill and her testimony is part of a larger social history in which women find themselves caught up in a system that refuses to believe what they say. Hill's experience shows how a tainted witness is not who someone is, but what someone can become. Why are women so often considered unreliable witnesses to their own experiences? How are women discredited in legal courts and in courts of public opinion? Why is women's testimony so often mired in controversies fueled by histories of slavery and colonialism? How do new feminist witnesses enter testimonial networks and disrupt doubt? Tainted Witness examines how gender, race, and doubt stick to women witnesses as their testimony circulates in search of an adequate witness. Judgment falls unequally upon women who bear witness, as well-known conflicts about testimonial authority in the late twentieth and early twenty-first centuries reveal. Women's testimonial accounts demonstrate both the symbolic potency of women's bodies and speech in the public sphere and the relative lack of institutional security and control to which they can lay claim. Each testimonial act follows in the wake of a long and invidious association of race and gender with lying that can be found to this day within legal courts and everyday practices of judgment, defining these locations as willfully unknowing and hostile to complex accounts of harm. Bringing together feminist, literary, and legal frameworks, Leigh Gilmore provides provocative readings of what happens when women's testimony is discredited. She demonstrates how testimony crosses jurisdictions, publics, and the unsteady line between truth and fiction in search of justice.

Perspectives on Children's Testimony presents current empirical research on the factors which influence adults' perceptions of the child witness. This volume provides researchers in both the psychological and the criminal justice communities with knowledge about adult beliefs regarding child witnesses, how these beliefs may influence jury verdicts, and the relationship of these perceptions to the credibility and accuracy of children's testimony. A variety of new techniques are employed in assessing adult views of child witnesses. Special features of the volume include: an in-depth treatment of techniques of interviewing child victims of sexual abuse, an examination of children's perceptions and knowledge of the legal system, and critical and theoretical integrations of the original, empirical papers.

In 2009, Stephen Barker was convicted of rape on the evidence of a little girl who was four-and-a-half years old at the trial, and about three-and-a-half when first interviewed by the police. The high point of the proceedings was the child's appearance as a live witness in order for Barker's counsel to attempt a cross-examination. This case focused attention on the need, imposed by current English law, for even tiny children to come to court for a live cross-examination. In 1989, the Pigot Committee proposed a scheme under which the whole of a young child's evidence, including cross-examination, would be obtained out of court and in advance of trial. In 1999 a provision designed to give effect to this was included in the Youth Justice and Criminal Evidence Act, but it has not yet been brought into force. The full Pigot proposal was implemented, however, in Western Australia, and similar schemes operate in a number of European jurisdictions. This book of essays examines a number of these schemes, and argues the case for further reforms in the UK.

Short-listed for the Forest of Reading Red Maple Award, 2012 Before you judge me, there are two things you should know about why I did it. Shana Tremain is a good kid. She knows right from wrong and she’s never been in any serious trouble. But when her best friend, Carrie, comes to her for help, Shana agrees to break the law to save Carrie from a molester. She even feels good about it for a while. Then trouble starts. Someone in their group of friends is stealing from the others. As she searches for the truth, Shana uncovers evidence that raises a terrifying question: Has she made a horrible mistake? Faced with the reality of what she’s done, Shana finds herself trapped in a web of her own lies and deceit. Can she convince the right people that she’s telling the truth now? Either way it’s clear someone is going to pay a terrible price for her crime.

Although sexual violence directed at both females and males is a reality in many on-going conflicts throughout the world today, accountability for the perpetrators of such violence remains the exception rather than the rule. While awareness of the problem is growing, more effective approaches are urgently needed for the investigation and prosecution of conflict-related sexual violence crimes. Upon its establishment in 1993, the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) began the challenging task of prosecuting the perpetrators of conflict-related sexual violence crimes, alongside the many other atrocities committed during the conflicts in the former Yugoslavia. This book documents the experiences, achievements, challenges, and fundamental insights of the OTP in prosecuting conflict-related sexual violence crimes at the ICTY over the past two decades. It draws on an extensive dossier of OTP documentation, court filings, trial exhibits, testimony, ICTY judgements, and other materials, as well as interviews with current and former OTP staff members. The authors provide a unique analytical perspective on the obstacles faced in prioritizing, investigating, and prosecuting conflict-related sexual violence crimes. While ICTY has made great strides in developing international criminal law in this area, this volume exposes the pressing need for determined and increasingly sophisticated strategies in order to overcome the ongoing obstacles in prosecuting conflict-related sexual violence crimes. The book presents concrete recommendations to inform future work being done at the national and international levels, including that of the International Criminal Court, international investigation commissions, and countries developing transitional justice processes. It provides an essential resource for investigators and criminal lawyers, human rights fact-finders, policy makers, rule of law experts, and academics.