Trial Issues: Cross Examining a Victim of Sexual Assault

The voice of  a victim has been silenced and the courts demand her to use the silenced voice; this is an obstacle that is currently a problem within the Canadian judicial system.

 

What happens to a victim during court?

A victim is required to tell her story within a court room setting.  The victim relives the event that causes her thought system to “shut down.”  While reliable thoughts are shutting-down erroneous thoughts are activated.  This is why victim testimonies are mixed with error. It is not intentional, it is part of the disability and needs to be accommodated.

 

A Closer Look into the Mind of  a Victim…

Try to imagine being in a state of “knowingness,” you know a legal doctrine but forget it enough not to use your voice to recall it.  While thinking about where you read the doctrine you visualize your “Tort Book,” so you describe the Tort Book.  It turns out that you didn’t read it in your  tort book, you read it in your outline.  Let me ask you questions: “Did the event happen if you can’t remember it?” “Did you actually read the doctrine?,  “Did your professor tell you about the doctrine and is it possible that you have not actually learned it?”  A victim runs the risk of formulating erroneous pictures of a particular event that cannot be remembered.  These cases are difficult to win because of erroneous testimony and harsh cross examination techniques.

 

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