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Article
Out of the mouths of babes: The case for an increased use of expert evidence in rebuttal of sexual abuse allegations by child witnesses.
Criminal Law Journal
  • Ian R Coyle, Bond University
  • Paul Wilson, Bond University
  • David Field, Bond University
  • Catherine Cuthbert
  • Glen Miller
Date of this Version
6-1-2009
Document Type
Journal Article
Publication Details

Interim status: Citation only.

Coyle, Ian R; Field, David; Wilson, Paul; Cuthbert, Catherine; Miller, Glen. (2009). Out of the mouths of babes: The case for an increased use of expert evidence in rebuttal of sexual abuse allegations by child witnesses. Criminal Law Journal, 33 (3), 139-164.

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2009 HERDC submission. FoR code: 1801

© Copyright Thomson Reuters, 2009

Disciplines
Abstract
When the "whole truth" of a matter is not sought, miscarriages of justice occur. When legislative and administrative procedures interact to prevent the whole truth of a matter being sought, miscarriages of justice are all but guaranteed. In this article, the authors argue that the common law and legislative and procedural frameworks against which allegations of child sexual abuse are investigated in Australia preclude the whole truth of the matter being sought, even though it may be wanted. Well-meaning attempts by legislators to shield vulnerable witnesses from aggressive and hectoring cross-examination on behalf of the alleged offender, and to facilitate the full reporting of child sexual abuse has, it is argued, had inimical and unintended consequences.
Citation Information
Ian R Coyle, Paul Wilson, David Field, Catherine Cuthbert, et al.. "Out of the mouths of babes: The case for an increased use of expert evidence in rebuttal of sexual abuse allegations by child witnesses." Criminal Law Journal Vol. 33 Iss. 3 (2009) p. 139 - 164
Available at: http://works.bepress.com/david_field/26/