NCJ Number
114253
Journal
University of Miami Law Review Volume: 42 Issue: 4-5 Dated: special issue (March-May 1988) Pages: 1033-1072
Date Published
1988
Length
40 pages
Annotation
The testimony of psychological experts may be useful in cases involving child sexual abuse, not only in providing evidence of psychological injury or normative data, but also in helping preserve the testimony of a child victim whose testimony may be unavailable at the time of the trial.
Abstract
A child's memory is known to degenerate more rapidly than the memory of an adult. Thus, the child's testimony is perishable. A new application of expert witness testimony would be to elicit and preserve the testimony of children to compensate for this limitation on their ability to testify competently. Such expert testimony would maximize the access of the trier of fact to reliable information without usurping its role. Although this expert testimony would enhance the likelihood of obtaining a conviction in a criminal prosecution, it does not unfairly prejudice the accused person. The increased likelihood of conviction may also encourage more offenders to volunteer to take part in treatment as an alternative to incarceration, thereby reducing society's overall costs of managing sexual offenders. 226 references.