Delayed Prosecution for Childhood Sexual Abuse

Penney Lewis (Reader in Law, King's College London)

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English

Oxford University Press
26 May 2006

Child abuse; Sexual abuse & harassment; Crime & criminology; Offences against the person; Juvenile criminal law; Family law: children

Series: Oxford Monographs on Criminal Law and Justice

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 time of prosecution.

This is a relatively new phenomenon within the criminal justice system.

This book examines the response of the criminal justice systems of common law jurisdictions to such challenging cases, and explores how the system should respond in order to ensure that the defendant receives a fair trial, whilst recognizing the reasons why complainants may delay reporting abuse for many years.

The book begins with a discussion of the psychological effects of childhood sexual abuse in order to shed light on the reasons why a victim might delay in making a complaint. Two central categories of delay are introduced: those in which the victim always remembered the abuse but was unable to complain; and those in which the victim's memory of the abuse was allegedly lost and later recovered. The debate over whether long-delayed criminal prosecutions should be brought, and the particular concerns raised by delayed childhood sexual abuse cases, are reviewed. Statutory and constitutional limits on the bringing of such cases are canvassed.

The common law remedies of abuse of process and prohibition, which can ensure that unfair or oppressive prosecutions do not proceed, are examined.

The focus then turns to the trial of delayed childhood sexual abuse allegations, considering the use which can be made by the prosecution and defence of evidence of complaint and delay in complaint, and the methods by which the jury can be informed of the reasons why complainants may delay. The role of warnings to the jury about the absence of corroboration and the forensic disadvantage or prejudice which the defendant may have suffered as a result of the complainant's delay in coming forward is scrutinized. Particular problems raised in cases involving recovered memories, and those involving multiple allegations are analysed.

Finally, retrospective assessment of trial fairness and the safety of convictions is considered.

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.

By: Penney Lewis (Reader in Law King's College London)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 241mm, Width: 162mm, Spine: 19mm
Weight: 1g
ISBN: 9780199282289
ISBN 10: 0199282285
Series: Oxford Monographs on Criminal Law and Justice
Pages: 272
Publication Date: 26 May 2006
Audience: College/higher education , Professional and scholarly , Further / Higher Education , Undergraduate
Format: Hardback
Publisher's Status: Active

Penney Lewis teaches criminal evidence and medical law at the School of Law, King's College London. She holds postgraduate law degrees from the University of Toronto, King's College London, and Columbia University, and clerked for Iacobucci J. at the Supreme Court of Canada. She is qualified as a Barrister and Solicitor in Ontario. From September 2007, she will be Professor of Law at King's College London.

Reviews for Delayed Prosecution for Childhood Sexual Abuse

`...a significant contribution to our understanding of the complex legal, psychological, and familial/social dynamics that undergird this highly important area of criminal law...one is hard pressed to identify a rival publication in terms of the depth of the analysis, the rigour of the scholarship and the far-reaching nature of the proposed legislative and practical modifications of our existing practices...it cannot be doubted that delayed prosecutions of alleged sexual violence in childhood pose formidable problems for the criminal process. This excellent text will prove invaluable in assisting the Bench and Bar in grappling with the many difficult issues that arise and the wealth of references serves to orient future research efforts. Advocates who ignore the many lessons found in Delayed Prosecution for Childhood Sexual Abuse do so at the peril of their cases and of justice, in the ultimate analysis.' Criminal Law Quarterly `... extremely thorough and perceptive. [Lewis] carefully compares and contrasts the differing approaches taken in different states and tracks the developments between and within states...' Judith masson, Canadian Journal of Criminology and Criminal Justice