JSB171 Lecture Notes - Lecture 1: Formal System, Cross-Examination, Australian Aboriginal English
Document Summary
Assumptions that children are unreliable (this assumption is reflected in the rules of evidence that limited competence and required corroboration or judicial warnings), more likely to embellish stories. Until recently very difficult for children to give unsworn evidence. Unwilling to tell the truth for fear of hurting family. Possibility that these people might go to jail. Quite intimidating process for the child: aggressive questioning, repetitive, intimidating, confusing, misleading and inappropriate questioning. 44% of children who had a court experience would report sexual abuse again (56% would not report abuse because of how the court treated them/how the trial went etc. ) Lengthy delays from reporting by the child and the actual trial (average was 18. 2 months) leads to further traumatisation. Attacking children in committal process usually for the quite improper collateral purpose of trying to frighten the child so much that they do not want to give evidence in the superior court.
