* Sexual Assault Trials: Challenges and Innovations

Australia Title

Despite decades of government reviews, legislative reform and attempts to redress the systemic problems, justice systems have fallen well short of fixing the numerous problems that plague sexual assault trials. Many of the problems are common across Australia, Aotearoa New Zealand, England and Wales and other common law jurisdictions. This book draws together cutting-edge research from across Australia, Aotearoa New Zealand and Argentina, identifying challenges commonly faced, and presenting innovative ways of addressing the problems.

If reform of sexual assault trials is going to be effective it must better incorporate the victim’s perspective. Accordingly, the book focuses on the experience of victims in the justice system, from their first contact with police to the way in which lawyers question them in court. The book then examines measures like special witness protections and victim legal representation as a way to protect victims' rights and mitigate re-traumatisation. The book then shifts its focus to the pivotal role of juries, the impact of rape myths, the ‘detective juror’ and juror understanding of ‘proof beyond reasonable doubt’. Innovative techniques of informing and educating jurors, so that they can fairly assess the challenging subject matter of sexual assault trials are explained.

There is no other book that contains such a wide-range of contemporary research on sexual assault trials, It features the work of a multidisciplinary team of highly experienced practitioners and researchers. The diverse authorship reflects the need to examine issues from multiple perspectives. Compelling ideas are presented for the courts, governments, legal practitioners, police, criminal justice researchers and teachers to analyse with a view to challenging and improving current practices.

Features

• Highlights systemic issues in sexual assault trials and innovative solutions
• Offers multidisciplinary ideas for improving legal practices

table of content

1. Introduction
2. Online police training on sexual violence
3. Affirmative consent reforms
4. Autobiographical memories of sexual assault
5. Expert mental health evidence
6. The safety of victims is an ethical matter for lawyers
7. Special witness protections
8. Victim legal representation
9. Jurors as detectives of truth and ‘don’t search’ instructions
10. Jurors’ use of rape myths in Aotearoa New Zealand
11. Educational jury directions in sexual assault trials
12. Proof beyond reasonable doubt in sexual assault trials
13. The birth of trial by jury in Argentina and its use in sexual assault trials