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Child Sexual Abuse Cases: Reestablishing the Balance Within the Adversary System

NCJ Number
111399
Journal
University of Michigan Journal of Law Reform Volume: 20 Issue: 2 Dated: (Winter 1987) Pages: 491-541
Author(s)
M C Hutton
Date Published
1987
Length
51 pages
Annotation
This article discusses how two of the goals of the adversary process can be retained in the midst of changes that have occurred in response to the needs of child sexual abuse victims/witnesses, and it examines how child sexual abuse professionals may impede the goals of the adversarial system.
Abstract
Two of the goals of the adversary process are to test and probe two sides of a story and to refrain from a decision until the complete story is told. These goals can be retained in spite of changes in evidence presentation designed to relieve stress on child victims. The assignment of multiple or poorly defined roles to child sexual abuse professionals is one of the potential impediments to preserving the goals of the adversarial system. These professionals are often asked to determine whether the alleged acts have occurred, to chronicle the child's account of events, to serve as an expert witness on the problem of child sexual abuse, and to act as an advocate for the child. The assignment of a poorly defined role occurs when the intervenor is asked to perform one function, such as therapy, and the legal system misuses the results. If multiple functions have been assigned to an intervenor, or if the potential for misuse of the intervenor's work exists, the court should limit the scope of the intervenor's testimony to avoid its misapplication or should appoint an independent expert to evaluate the intervenor's work. 248 footnotes.