Abstract
In a sexual assault trial, almost invariably, the lack of corroborative evidence
in support of the allegations makes the quality of the complainant’s memory a
focal issue. Word-on-word cases can pose perplexing memory conundrums. This
paper summarises scientific developments in the field of autobiographical memory
to provide guidance for investigators, legal practitioners and courts tasked with
making decisions about the quality of complainants’ autobiographical memories
of sexual assault. The paper acquaints readers with facts about memory that are
counterintuitive, and bear on the credibility of sexual assault complainants. It
familiarises readers with relevant common memory misconceptions so that the
presence or absence of specific qualitative features of the evidence does not lead
to errors in evaluating the complainant’s credibility.
in support of the allegations makes the quality of the complainant’s memory a
focal issue. Word-on-word cases can pose perplexing memory conundrums. This
paper summarises scientific developments in the field of autobiographical memory
to provide guidance for investigators, legal practitioners and courts tasked with
making decisions about the quality of complainants’ autobiographical memories
of sexual assault. The paper acquaints readers with facts about memory that are
counterintuitive, and bear on the credibility of sexual assault complainants. It
familiarises readers with relevant common memory misconceptions so that the
presence or absence of specific qualitative features of the evidence does not lead
to errors in evaluating the complainant’s credibility.
Original language | English |
---|---|
Title of host publication | Sexual Assault Trials |
Subtitle of host publication | Challenges and Innovations |
Editors | Greg Byrne, Jacqui Horan |
Publisher | Lexis Nexis |
Chapter | 4 |
Pages | 45-66 |
Number of pages | 21 |
ISBN (Print) | 9780409359862 |
Publication status | Accepted/In press - 03 Feb 2025 |