Sexual assault trials : challenges and innovations / Dr Greg Byrne , Associate Professor Jacqueline Horan.

Chatswood, N.S.W. : LexisNexis, 2025.

1st edition

202389

Sexual assault -- Law and legislation -- Australia.

Sex crimes -- Law and legislation -- Australia.

Trial practice -- Australia.

Judicial process -- Australia.

1. Introduction

2. Police training on sexual violence: leveraging online training within a multifaceted approach

3. Affirmative consent reforms: problems with how the new obligation to ascertain consent works in Victoria

4. The quality of autobiographical memories of sexual assault

5. Expert mental health evidence and its limits

6. The safety of victim-survivors is an ethical matter: negotiation violence in the civil protection order context

7. Special witness protections and other initiatives: navigating care and complexity in criminal procedure

8. Respecting victims' right through victim legal representation

9. Jurors as detectives of truth and 'don't search' instructions in sexual assault trials

10. Jurors' use of rape myths in Aotearoa New Zealand

11. The effectiveness of educational jury directions in adult 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.

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. - Publisher's website.

Includes bibliographical references and index.

9780409359862

xviii, 231 pages ; 24 cm