Expert Evidence As Context: Historical Patterns and Contemporary Attitudes in the Prosecution of Sexual Offences

2004 ◽  
Vol 12 (2) ◽  
pp. 233-244 ◽  
Author(s):  
Fiona E. Raitt
Keyword(s):  
Expert Evidence ◽  
Sexual Offences

Expert Evidence to Counteract Jury Misconceptions about Consent in Sexual Assault Cases: Failures and Lessons Learned

2020 ◽  
Vol 43 (2) ◽  
Author(s):  
Jacqueline Horan ◽  
Jane Goodman-Delahunty
Keyword(s):  
Sexual Assault ◽  
The United States ◽  
Lessons Learned ◽  
Expert Evidence ◽  
Undue Influence ◽  
Sexual Offences ◽  
Child Sexual Assault ◽  
The United Kingdom ◽  
Sexual Assault Case ◽  
Trial Participants

This century has seen dramatic changes in the way in which sexual offences, particularly against children, are prosecuted in Australia, Canada, New Zealand, the United Kingdom and the United States of America. These jurisdictions have acknowledged the potential of myths and misconceptions about how a victim will behave, both during and after a sexual assault, to exert an undue influence on jurors. Expert evidence to educate jurors about common rape myths that apply to issues of consent has been used to redress this issue. However, such expert evidence poses significant challenges for the lawyers and experts. This article explores the effectiveness of educative expert evidence through analysis of an illustrative contemporary Australian child sexual assault case where the authors interviewed some of the jurors and other trial participants about their perceptions of the expert evidence. Practical suggestions to improve educative expert evidence are identified and explained.

Victim age polymorphism and victim selection in stranger sexual offences

2012 ◽  
Author(s):  
Skye Stephens ◽  
Alasdair Matthew Goodwill ◽  
Eric Beauregard
Keyword(s):  
Sexual Offences ◽  
Victim Selection

Preventing child sexual abuse and the use of child abuse images: the Prevention Project Dunkelfeld as an international perspective

2019 ◽  
Vol 1 (1) ◽  
pp. 61-66 ◽  
Author(s):  
Klaus M. Beier
Keyword(s):  
Sexual Abuse ◽  
Child Sexual Abuse ◽  
Sex Offenders ◽  
Mental Health Professionals ◽  
Child Pornography ◽  
Sexual Exploitation ◽  
International Perspective ◽  
The Body ◽  
World Health ◽  
Sexual Offences

Paedophilia—a sexual preference for the body scheme of pre-pubescent children—is defined as a disorder within the International Classification of Diseases (ICD) of the World Health Organization as well as within the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association. Contrary to popular belief, not all sex offenders who target children are paedophiles, and not all paedophiles commit sexual offences. But quite obviously paedophilia is an emotionally charged and controversial topic, which might be an explanation for putting it out of focus within the healthcare system. Mental health professionals are mainly (and worldwide) not well trained in terms of assessment methods and intervention techniques available to develop and implement effective policies and practices. This presents an obstacle for prevention, in that proactive strategies to protect children from child sexual abuse and sexual exploitation by online offences, such as the consumption or distribution of child abusive images (so-called child pornography), which emphasises the internationally relevant dimension of the issue. The article will address key concerns and questions in dealing with this clinically relevant population, offer insights into a primary prevention approach developed in Germany, and discuss the situation on a European level.

The Township, the Pregnant Girl and the Church: Community Dynamics, Gender and Social Control in Early Nineteenth-century Scotland

2019 ◽  
Vol 10 (1) ◽  
pp. 41-67
Author(s):  
Elizabeth Ritchie
Keyword(s):  
Nineteenth Century ◽  
Rural Communities ◽  
Social Control ◽  
Community Dynamics ◽  
Church Discipline ◽  
Sexual Offences ◽  
Early Nineteenth Century ◽  
Female Community ◽  
The Church ◽  
Unmarried Girl

In 1814 in a small Highland township an unmarried girl, ostracised by her neighbours, gave birth. The baby died. The legal precognition permits a forensic, gendered examination of the internal dynamics of rural communities and how they responded to threats to social cohesion. In the Scottish ‘parish state’ disciplining sexual offences was a matter for church discipline. This case is situated in the early nineteenth-century Gàidhealtachd where and when church institutions were less powerful than in the post-Reformation Lowlands, the focus of most previous research. The article shows that the formal social control of kirk discipline was only part of a complex of behavioural controls, most of which were deployed within and by communities. Indeed, Scottish communities and churches were deeply entwined in terms of personnel; shared sexual prohibitions; and in the use of shaming as a primary method of social control. While there was something of a ‘female community’, this was not unconditionally supportive of all women nor was it ranged against men or patriarchal structures.

Miscarriage by Expert

2018 ◽  
Vol 49 (2) ◽  
pp. 245
Author(s):  
Susan Glazebrook
Keyword(s):  
Careful Consideration ◽  
Expert Evidence ◽  
Forensic Evidence ◽  
Miscarriage Of Justice

This article examines the role expert evidence plays in court and some of the risks surrounding such evidence. Through the examination of several tragic cases of miscarriage of justice, this article warns of the dangers of relying unquestionably on expert evidence and calls for a careful consideration of the evidence as each case comes before the courts. The value of good forensic evidence in the investigation and prosecution of crime is nevertheless recognised.

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