Witness preparation and the prosecution of rape

The International Journal of Evidence & Proof

The Journal of Criminal Law, 1998

Women's Studies International Forum, 2012

British Journal of Criminology, 2016

Australian & New Zealand Journal of Criminology, 2015

This study explored the perceptions of ten Crown Prosecutors about the utility of police interviews as video evidence-in-chief for adult sexual assault complainants to determine how to improve these interviews. A themed analysis of prosecutors' responses indicated three major concerns about these interviews: the interviewer using wordy instructions, the lack of chronology and logical structure, and the relentless pursuit of unnecessary detail. These findings suggest that prosecutors' concerns are primarily due to police using cognitive interview methods that attempt to enhance the amount of detail recalled by a complainant. The authors discuss why generating large amounts of detail may be problematic in interviews with sexual assault complainants and provide recommendations for how police can adapt interview practices to better meet evidential needs.

Law and Social Inquiry-journal of The American Bar Foundation, 1997

Little research has been conducted on the behaviors of prosecuting attor-neys and their interactions with rape survivors between charging and court events. Yet this period, during which prosecutors prepare rape survivors for their witness roles, may be crucial for obtaining successful convictions. Using intensive interviews with 32 rape survivors and background interviews with prosecutors, victim witness advocates, and rape crisis workers, I evaluated the nature of directives and information given to rape survivors and the frequency with which directives were conveyed before preliminary hearings and court events. I concluded that prosecutors employ 20 modes of preparation to construct rape survivors as credible victims for judges and jurors. They orient the rape survivor to the scope of the witness role and her place in the interaction with legal actors, direct her to enhance the credibility of her story, and enhance the credibility of her self'presentation. Research showed that prosecutors prepared respondents more thoroughly for trials than for preliminary hearings, but little overall. A large minority of respondents, consequently, reported dissatisfaction with the preparation they received. On the basis of the findings, I call for an extension of Martin and Powell's “politics of victim's needs,” attention to the importance of maintaining a perception of procedural justice among rape survivors, and further research into pre-court preparation.

2002

2013

Applied Cognitive Psychology, 2011