NCJ Number
193292
Date Published
2000
Length
20 pages
Annotation
This chapter presents strategies and techniques for using expert witnesses in countering the "false memory" defense in litigation brought by adult survivors of child sexual abuse (CSA).
Abstract
Persuasive expert witnesses for the plaintiff are an essential ingredient in convincing the factfinder that the plaintiff's rendition of the case is more credible than that of the defendant. An effective expert must be willing to analyze alternative hypotheses; e.g., are there reasons that the plaintiff believes that she was sexually abused other than her memories? Then, taking a scientific approach, the expert should help the attorney demonstrate why, in this particular case, alternative hypotheses that would undermine the claim of abuse are unlikely explanations. Expert testimony should establish that the phenomenon of traumatic amnesia or dissociation has been well documented historically, and the real issue is whether there was traumatic amnesia and later recall of the trauma in this case. The expert witness must be knowledgeable and articulate in presenting testimony based in research and a thorough analysis of the case at hand. The expert should be qualified to formulate opinions as to the plaintiff's alleged abuse, corroborating factors, the identify of potential abusers, the client's injuries, and the client's future needs that have resulted from the abuse. The expert should also be helpful to the attorney in preparing to counter likely defense strategies for challenging the evidence of childhood sexual abuse. The chapter also discusses the selection of a forensic expert and the questions that might be asked by the plaintiff's attorney in the direct examination of the witness. A strategy for the cross-examination of defense forensic experts is also presented. 1 note