EvidenceProf Blog

Editor: Colin Miller
Univ. of South Carolina School of Law

A Member of the Law Professor Blogs Network

Sunday, October 7, 2007

Question-Proof Fence -- Sexual Assault Victims in Australia allowed to testify in narrative form

According to an article in the Sydney Morning Herald, Australia will amend its Evidence Act in cases involving child and sexual assault victims.  Pursuant to the changes, child and sexual assault victims will be able to give their testimony in narrative form, rather than pursuant to the traditional question and answer model.

The bases for the change are that (1) such victims are more comfortable giving their testimony in narrative form, and (2) allowing narrative testimony gives these victims ownership of their experience in court, rather than having it controlled by lawyers.

It will be interesting to track the results of this change.  Of course, a similar change in American law would face obstacles such as the challenge that it would deny defendants of their right to confront witnesses.

-CM

http://lawprofessors.typepad.com/evidenceprof/2007/10/question-proof-.html

| Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef00e54f06f0428834

Listed below are links to weblogs that reference Question-Proof Fence -- Sexual Assault Victims in Australia allowed to testify in narrative form:

Comments

Post a comment