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.
Available at: http://works.bepress.com/david_field/26/