Penney Lewis
- Published in print:
- 2006
- Published Online:
- January 2009
- ISBN:
- 9780199282289
- eISBN:
- 9780191705441
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199282289.001.0001
- Subject:
- Law, Criminal Law and Criminology
That childhood sexual abuse (CSA) is one of society's most pressing concerns is not in doubt. Not only is serious harm, both mental and physical, frequently caused to the victim, but families and ...
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That childhood sexual abuse (CSA) is one of society's most pressing concerns is not in doubt. Not only is serious harm, both mental and physical, frequently caused to the victim, but families and society also suffer. Prevalence studies suggest that the majority of cases either never come to light or are only disclosed years after the event. There are a wide variety of psychological explanations for delayed reporting. Recent years have seen a growing number of criminal prosecutions for sexual offences against children which are alleged to have occurred many years before the prosecution takes place. Both the prosecution and defence may be disadvantaged by delay. The book examines the problems associated with criminal prosecutions commenced many years after the abusive incidents were alleged to have occurred; the response of the criminal justice system in the major common law jurisdictions to such challenging cases both before, during, and after the trial; and how the system should respond in order to ensure that the defendant receives a fair trial, while recognising the reasons why complainants may delay reporting abuse for many years. The book is multi-jurisdictional in scope, focussing on those common law jurisdictions which have experienced a large number of such prosecutions: England and Wales, Ireland, Canada, Australia, New Zealand, and the United States.Less
That childhood sexual abuse (CSA) is one of society's most pressing concerns is not in doubt. Not only is serious harm, both mental and physical, frequently caused to the victim, but families and society also suffer. Prevalence studies suggest that the majority of cases either never come to light or are only disclosed years after the event. There are a wide variety of psychological explanations for delayed reporting. Recent years have seen a growing number of criminal prosecutions for sexual offences against children which are alleged to have occurred many years before the prosecution takes place. Both the prosecution and defence may be disadvantaged by delay. The book examines the problems associated with criminal prosecutions commenced many years after the abusive incidents were alleged to have occurred; the response of the criminal justice system in the major common law jurisdictions to such challenging cases both before, during, and after the trial; and how the system should respond in order to ensure that the defendant receives a fair trial, while recognising the reasons why complainants may delay reporting abuse for many years. The book is multi-jurisdictional in scope, focussing on those common law jurisdictions which have experienced a large number of such prosecutions: England and Wales, Ireland, Canada, Australia, New Zealand, and the United States.
David Rose
- Published in print:
- 2016
- Published Online:
- October 2016
- ISBN:
- 9780198723301
- eISBN:
- 9780191789700
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198723301.003.0012
- Subject:
- Law, Criminal Law and Criminology, Legal Profession and Ethics
This chapter examines the interaction between police and personal injury solicitors in cases of alleged historical child abuse, and the consequent risk of miscarriages of justice. Inspired by the ...
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This chapter examines the interaction between police and personal injury solicitors in cases of alleged historical child abuse, and the consequent risk of miscarriages of justice. Inspired by the meticulous research undertaken by the late Richard Webster, the author produced an influential BBC Panorama documentary, ‘In the Name of the Children’, in 2000. Here, he argues that, despite the subsequent Home Affairs Select Committee report that made important recommendations designed to reduce this risk, most of the lessons learned in that era were never adopted as policy and have now been largely forgotten. The author draws on examples from his own investigations and concludes by suggesting that panics over historical abuse have reached a new peak, giving rise to a public discourse that has few limits.Less
This chapter examines the interaction between police and personal injury solicitors in cases of alleged historical child abuse, and the consequent risk of miscarriages of justice. Inspired by the meticulous research undertaken by the late Richard Webster, the author produced an influential BBC Panorama documentary, ‘In the Name of the Children’, in 2000. Here, he argues that, despite the subsequent Home Affairs Select Committee report that made important recommendations designed to reduce this risk, most of the lessons learned in that era were never adopted as policy and have now been largely forgotten. The author draws on examples from his own investigations and concludes by suggesting that panics over historical abuse have reached a new peak, giving rise to a public discourse that has few limits.
