Are all complainants of sexual assault vulnerable? Views of Australian criminal justice professionals on the evidence-sharing process
Author | Jane Goodman-Delahunty,Martine B. Powell,Nina Westera,Sarah L. Deck |
Date | 01 January 2022 |
Published date | 01 January 2022 |
DOI | 10.1177/13657127211060556 |
Subject Matter | Articles |
Are all complainants of sexual
assault vulnerable? Views of
Australian criminal justice
professionals on the evidence-sharing
process
Sarah L. Deck
Centre for Investigative Interviewing, Griffith Criminology Institute, Griffith University,Brisbane,
Australia
Martine B. Powell
Centre for Investigative Interviewing, Griffith Criminology Institute, Griffith University,Brisbane,
Australia
Jane Goodman-Delahunty
The University of Newcastle Law School, University of Newcastle, Callaghan, New South Wales,
Australia
Nina Westera
Griffith University, Griffith Criminology Institute, Nathan, Queensland, Australia
Abstract
Cases of historic child assault typically rely on the complainant’s narrative due to lack of cor-
roborating evidence. Although it is important that complainants give their best evidence, con-
cern has been expressed that evidence-sharing procedures are suboptimal. This study
explored criminal justice professionals’perspectives on the utility of introducing reforms to
the evidence-sharing process. We interviewed judges, prosecutors, defence counsel and wit-
ness assistance officers (N=43) on the utility of regulating the questioning of complainants
and of using video-recorded interviews as evidence-in-chief. Many professionals perceived
that adult complainants of child assault were vulnerable and supported reforms to evidence-
sharing. Primary objections to these reforms were the belief that all adult complainants should
share evidence in the same way and the poor quality of investigative interviews. This study
Corresponding author:
Sarah L. Deck, Griffith University, Centre for Investigative Interviewing, Griffith Criminology Institute, Mount Gravatt Campus,
176 Messines Ridge Road, Nathan, Queensland, Australia.
Email: s.deck@griffith.edu.au
Article
The International Journal of
Evidence & Proof
2022, Vol. 26(1) 20–33
© The Author(s) 2021
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DOI: 10.1177/ 13657127211060556
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