Jump to ContentJump to Main Navigation
Delayed Prosecution for Childhood Sexual Abuse$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 November 2020

Recovered Memory

Recovered Memory

(p.153) 7 Recovered Memory
Delayed Prosecution for Childhood Sexual Abuse

Penney Lewis

Oxford University Press

The judicial approaches to the admission of recovered memories of CSA in criminal prosecutions fall into three models. First, using the law of expert evidence, all such testimony is excluded as the product of one or more unreliable techniques, or some subset is identified for exclusion. Second, the admission or exclusion of the testimony is determined on a case-by-case basis through a pre-trial reliability assessment. Third, such testimony is simply admitted, with cross-examination, appropriate expert evidence, and jury instructions forming safeguards. A fourth option is advocated, inspired by the way the English common law deals with inherently suspect evidence such as eyewitness identification evidence. The evidence would be admitted, the jury would receive appropriate warnings, and the trial judge would be required to direct a verdict of not guilty if the complainant's testimony is weak and no supporting evidence exists.

Keywords:   expert evidence, exclusion of evidence, unreliable evidence, pre-trial assessment, cross-examination, identification evidence, judicial warnings, jury instructions, supporting evidence

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .