Prosecutors’ perceptions of the utility of ‘relationship’ evidence in sexual abuse trials
| Author | Patrick Tidmarsh,Martine Powell,Elli Darwinkel |
| Published date | 01 April 2014 |
| Date | 01 April 2014 |
| DOI | http://doi.org/10.1177/0004865813497733 |
| Subject Matter | Articles |
Australian & New Zealand
Journal of Criminology
2014, Vol. 47(1) 44–58
!The Author(s) 2013
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DOI: 10.1177/0004865813497733
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Article
Prosecutors’ perceptions of the
utility of ‘relationship’ evidence
in sexual abuse trials
Elli Darwinkel
Deakin University, Australia
Martine Powell
Deakin University, Australia
Patrick Tidmarsh
Victoria Police, Australia
Abstract
For successful prosecution of sex offences, defined elements that comprise each charge (such
as the acts that occurred and offenders’ identities) need to be established beyond reasonable
doubt. This study explored the potential benefit (from a prosecution perspective) of eliciting
another type of evidence; evidence regarding the relationship between the victim and perpet-
rator that may explain the victim’s responses. Fourteen prosecutors representing every major
Australian jurisdiction participated in individual interviews or a focus group where they were
asked to reflect on the perceived relevance of relationship evidence in sex offence trials, and
the potential impact of this evidence on court process and outcomes. All prosecutors gave
strong support for the premise of including relationship evidence in victim and witness state-
ments, as well as in suspect interviews; however, this type of evidence was not routinely
being included in interviews or admitted in trials. The majority of the discussion centred on:
(a) the benefits and prevalence of eliciting relationship evidence; (b) how relationship
evidence is best elicited in police interviews; and (c) challenges in presenting relationship
evidence at trial. Each of these areas, their practical implications and directions for future
research are briefly discussed.
Keywords
grooming, investigative interviewing, police, prosecutors, sexual abuse
Corresponding author:
Professor Martine Powell, School of Psychology, Deakin University, 221 Burwood Hwy, Burwood, 3125, Victoria,
Australia.
Email: martine.powell@deakin.edu.au
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