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Delayed Prosecution for Childhood Sexual Abuse$
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Penney Lewis

Print publication date: 2006

Print ISBN-13: 9780199282289

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199282289.001.0001

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Corroboration and Forensic Disadvantage

Corroboration and Forensic Disadvantage

(p.127) 6 Corroboration and Forensic Disadvantage
Delayed Prosecution for Childhood Sexual Abuse

Penney Lewis

Oxford University Press

In cases of delayed prosecution of CSA, the jury is often warned about the absence of corroboration and the forensic disadvantage or prejudice which the defendant may have suffered as a result of the complainant's delay in coming forward. Corroboration warnings are prompted by concerns relating to the reliability of the complainant, while forensic disadvantage warnings focus on the prejudice resulting from delay. Mandatory corroboration warnings have been replaced by a more discretionary approach. Divergent approaches to forensic disadvantage warnings have developed in Australia, England, and Wales. The jury should be warned that there is forensic disadvantage or prejudice in cases where there is evidence to that effect, and warned of the possibility of forensic disadvantage or prejudice in all other cases.

Keywords:   prejudice, judicial warnings, delay in complaint, reliability

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