COMPLAINANT CREDITIBILITY IN SEXUAL OFFENSE CASES - A SURVEY OF CHARACTER TESTIMONY AND PSYCHIATRIC EXPERTS (FROM CRIMINAL JUSTICE SYSTEMS REVIEW, 1974 BY JON S SCHULTZ AND JON P THAMES - SEE NCJ-30751)

• NCJ Number: 30756
• Author(s): ANON
• Date Published: 1974
• Length: 15 pages
• Corporate Author: William S Hein and Co, Inc
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE USE OF CHARACTER EVIDENCE AS A PROTECTION AGAINST FALSE ACCUSATION IN SEXUAL OFFENSE CASES IS INSUFFICIENT; PSYCHIATRIC TESTIMONY, ACCORDING TO THE AUTHOR, IS MORE FRUITFUL IN DETERMINING THE COMPLAINANT'S CREDIBILITY.

Abstract

CHARACTER EVIDENCE, WHILE PURPORTING TO PROTECT AN ACCUSED, IS ACTUALLY A RUSE WHEREBY A JURY'S ATTENTION IS DIVERTED FROM THE PARTICULARS OF A DEFENDANT'S ACTIONS AT THE TIME OF AN ALLEGED SEXUAL ASSAULT TO THE COMPLAINANT'S PAST LIFE AND CONDUCT. PSYCHIATRIC EVIDENCE DISCLOSES THOSE FACTORS WHICH INFLUENCE THE CREDIBILITY OF WHAT A COMPLAINANT SAYS. IT IS FOCUSED ON AND ADDRESSED TO THE REASONS FOR AND FOUNDATIONS OF A COMPLAINANT'S ACCUSATION AND PRESENT CONDUCT WHEREAS CHARACTER EVIDENCE IS CONCERNED WITH A COMPLAINANT'S PAST CONDUCT. (AUTHOR ABSTRACT)