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Child sexual abuse prosecutions are often brought following a substantial delay of some years after the alleged abuse. This delay poses a variety of problems for the prosecutions. The book will examine the problems associated with criminal prosecutions commenced many years after the abusive incidents were alleged to have occurred, the response of the criminal justice system to such cases, and how the system should respond in order to ensure that the defendant receives a fair trial, while recognising the reasons why complainants may delay reporting abuse for many years.
This book investigates the legal and procedural challenges inherent in prosecuting cases of childhood sexual abuse that are brought to court long after the alleged incidents occurred. Penney Lewis, a scholar in criminal law, analyzes the tension between the rights of the defendant to a fair trial and the systemic barriers that prevent victims from reporting abuse in a timely manner. The work synthesizes legal precedents, procedural hurdles, and the evolving understanding of trauma to propose a framework for balancing justice in delayed prosecution scenarios.
What You Will Find
Legal scholars and practitioners identify this monograph as a rigorous examination of the intersection between criminal procedure and victim advocacy. Experts frequently cite the text for its balanced approach to the complexities of historical abuse litigation within the Oxford Monographs on Criminal Law and Justice series.
Page Count:
272
Publication Date:
2006-06-15
Publisher:
Oxford University Press
ISBN-10:
0199282285
ISBN-13:
9780199282289
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