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Vol 21 No 11 Nov/Dec 2016

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Delayed Prosecution for Childhood Sexual Abuse


ISBN13: 9780199282289
ISBN: 0199282285
Published: April 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £89.00



Despatched in 3 to 5 days.

Recent years have seen a growing number of criminal prosecutions for sexual offences against children which are alleged to have occurred many years before the time of prosecution. This is a relatively new phenomenon within the criminal justice system.

This book examines the response of the criminal justice systems of common law jurisdictions to such challenging cases, and explores how the system should respond in order to ensure that the defendant receives a fair trial, whilst recognizing the reasons why complainants may delay reporting abuse for many years.

The book begins with a discussion of the psychological effects of childhood sexual abuse in order to shed light on the reasons why a victim might delay in making a complaint. Two central categories of delay are introduced: those in which the victim always remembered the abuse but was unable to complain; and those in which the victim's memory of the abuse was allegedly lost and later recovered. The debate over whether long-delayed criminal prosecutions should be brought, and the particular concerns raised by delayed childhood sexual abuse cases, are reviewed. Statutory and constitutional limits on the bringing of such cases are canvassed. The common law remedies of abuse of process and prohibition, which can ensure that unfair or oppressive prosecutions do not proceed, are examined.

The focus then turns to the trial of delayed childhood sexual abuse allegations, considering the use which can be made by the prosecution and defence of evidence of complaint and delay in complaint, and the methods by which the jury can be informed of the reasons why complainants may delay. The role of warnings to the jury about the absence of corroboration and the forensic disadvantage or prejudice which the defendant may have suffered as a result of the complainant's delay in coming forward is scrutinized. Particular problems raised in cases involving recovered memories, and those involving multiple allegations are analysed. Finally, retrospective assessment of trial fairness and the safety of convictions is considered.

The book is multi-jurisdictional in scope, focussing on those common law jurisdictions which have experienced a large number of such prosecutions: England and Wales; Ireland; Canada; Australia; New Zealand and the United States.

  • Interdisciplinary analysis of all the issues relating to delayed prosecutions of childhood sexual abuse
  • Integrates legal and psychological source material, making it a useful one stop resource for both fields
  • Takes a multi-jurisdictional approach, referring to the UK, Canada, Ireland, Australia, New Zealand, and the USA

Subjects:
Criminal Law
Contents:
1. Introduction
2. Limits on Prosecution
3. Abuse of Process
4. Prohibition
5. Delay in Complaint
6. Corroboration and Forensic Disadvantage
7. Recovered Memory
8. Multiple Allegations
9. Conclusion

Series: Oxford Monographs on Criminal Law and Justice

Criminal Justice and Taxation ISBN 9780198755838
To be published February 2017
Oxford University Press
£60.00
In Search of Criminal Responsibility: Ideas, Interests, and Institutions ISBN 9780199248209
Published March 2016
Oxford University Press
£75.00
In Search of Criminal Responsibility: Ideas, Interests, and Institutions ISBN 9780199248216
Published March 2016
Oxford University Press
£29.99
Preventive Justice ISBN 9780198712534
Published September 2015
Oxford University Press
£24.99
Character in the Criminal Trial (eBook) ISBN 9780191057045
Published March 2015
Oxford University Press
£41.67 + £8.33 VAT
(ePub)
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Character in the Criminal Trial ISBN 9780199228898
Published March 2015
Oxford University Press
£60.00
Preventive Justice ISBN 9780198712527
Published April 2014
Oxford University Press
£50.00
Homicide and the Politics of Law Reform (eBook) ISBN 9780191635953
Published July 2012
Oxford University Press
£57.50 + £11.50 VAT
(ePub)
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Homicide and the Politics of Law Reform ISBN 9780199561919
Published July 2012
Oxford University Press
£73.00
£57.50 + £11.50 VAT
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£73.00
Punishment and Freedom: A Liberal Theory of Penal Justice ISBN 9780199652334
Published March 2012
Oxford University Press
£30.49
Punishment and Freedom: A Liberal Theory of Penal Justice (eBook) ISBN 9780191633287
Published July 2009
Oxford University Press
£24.16 + £4.83 VAT
(ePub)
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Punishment and Freedom: A Liberal Theory of Penal Justice ISBN 9780199207251
Published July 2009
Oxford University Press
£77.00
Prosecuting Domestic Violence: A Philosophical Analysis ISBN 9780199562169
Published March 2009
Oxford University Press
£72.00
Abuse of Process and Judicial Stays of Criminal Proceedings 2nd ed ISBN 9780199280834
Published September 2008
Oxford University Press
£73.00
A Philosophy of Evidence Law: Justice in the Search for Truth ISBN 9780199228300
Published March 2008
Oxford University Press
£59.00
The Criminal Justice System and Health Care ISBN 9780199228294
Published December 2007
Oxford University Press
£82.00
Excusing Crime ISBN 9780199225781
Published March 2007
Oxford University Press
£32.99
Criminal Responsibility ISBN 9780199225828
Published March 2007
Oxford University Press
£31.49
Lying, Cheating, and Stealing: A Moral Theory of White-Collar Crime ISBN 9780199225804
Published March 2007
Oxford University Press
£22.49
Rethinking Imprisonment ISBN 9780199209125
Published January 2007
Oxford University Press
£82.00
Killing in Self-Defence ISBN 9780199283460
Published December 2006
Oxford University Press
£61.00
Lying, Cheating, and Stealing: A Moral Theory of White Collar Crime ISBN 9780199268580
Published January 2006
Oxford University Press
£51.00
Defining Crimes: Essays on the Special Part of the Criminal Law ISBN 9780199269228
Published August 2005
Oxford University Press
£83.00
Criminal Responsibilty ISBN 9780199261598
Published June 2005
Oxford University Press
£84.00
Proportionate Sentencing: Exploring the Principles ISBN 9780199272600
Published May 2005
Oxford University Press
£83.00
Appraising Strict Liability ISBN 9780199278510
Published March 2005
Oxford University Press
£73.00
Excusing Crime ISBN 9780198264828
Published July 2004
Oxford University Press
£73.00
Criminal Law Theory: Doctrines of the General Part
Edited by: Stephen Shute
ISBN 9780199243495
Published June 2004
Oxford University Press
£73.00
Contrasting Prisoners' Rights ISBN 9780199259830
Published March 2004
Oxford University Press
£78.00
Jurisdiction and the Ambit of the Criminal Law
Michael HirstProfessor of Criminal Justice, De Montfort University, Leicester
ISBN 9780199245390
Published July 2003
Oxford University Press
£78.00
Corporations and Criminal Responsibility 2nd ed
Celia WellsProfessor of Law, University of Cardiff, Wales
ISBN 9780198267935
Published December 2002
Oxford University Press
£78.00
The Adversarial Process and the Vulnerable Witness ISBN 9780198299097
Published October 2002
Oxford University Press
£67.00
Rethinking English Homicide Law ISBN 9780198299042
Published June 2002
Oxford University Press
£78.00
Rape and the Legal Process 2nd ed ISBN 9780198763550
Published May 2002
Oxford University Press
£38.99
Rape and the Legal Process 2nd ed
Jennifer TemkinUniversity of Sussex
ISBN 9780198763543
Published May 2002
Oxford University Press
Out of print
Understanding Miscarriages of Justice ISBN 9780198298939
Published November 2001
Oxford University Press
£78.00
Corporations and Criminal Responsibility 2nd ed ISBN 9780199246199
Published May 2001
Oxford University Press
£38.99
Corporations and Criminal Responsibility 2nd ed (eBook) ISBN 9780191018770
Published May 2001
Oxford University Press
£30.82 + £6.16 VAT
(ePub)
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Rethinking English Homicide Law ISBN 9780198299158
Published November 2000
Oxford University Press
£38.99
Punishment, Responsibility and Justice: A Relational Critique
Alan NorrieEdmund Davies Professor of Criminal Law and Justice, King's College, London
ISBN 9780198259565
Published October 2000
Oxford University Press
£78.00
Silence, Confessions and Improperly Obtained Evidence ISBN 9780198262695
Published February 2000
Oxford University Press
£95.00
Fundamentals of Sentencing Theory: Essays in Honour of Andrew von Hirsch ISBN 9780198262565
Published December 1998
Oxford University Press
£95.00
£78.00
Structure and Function in Criminal Law ISBN 9780198258865
Published June 1998
Oxford University Press
£67.00
Harm and Culpability ISBN 9780198260578
Published October 1997
Oxford University Press
£95.00
Judge Without Jury: Diplock Trials in the Adversary System ISBN 9780198258896
Published July 1997
Oxford University Press
£61.00
Criminal Attempts
Antony DuffProfessor, Department of Philosophy, University of Stirling, Scotland
ISBN 9780198262688
Published April 1997
Oxford University Press
£78.00
Public Prosecutors and Discretion: A Comparative Study
Julia FiondaLecturer in Law, King's College, London
ISBN 9780198259152
Published August 1996
Oxford University Press
£89.00
Censure and Sanctions New ed ISBN 9780198262411
Published August 1996
Oxford University Press
£44.49
Hearsay and Confrontation in Criminal Trials ISBN 9780198258919
Published March 1996
Oxford University Press
£89.00
Mental Condition Defences in the Criminal Law
R.D. MackayProfessor of Criminal Policy and Mental Health, De Montfort University, Leicester
ISBN 9780198259954
Published September 1995
Oxford University Press
£89.00
Standing Accused: The Organization and Practices of Criminal Defence Lawyers in Britain
Mike McConvilleProfessor of Law, University of Warwick, Jacqueline Hodgson, Lee Bridges, Anita Pavlovic
ISBN 9780198258681
Published May 1995
Oxford University Press
£83.00
Provocation and Responsibility
Jeremy HorderFellow and Tutor in Law, Worcester College, University of Oxford
ISBN 9780198256960
Published October 1992
Oxford University Press
£83.00
Crime and the Computer ISBN 9780198256212
Published March 1991
Out of print
Publication Abandoned