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Appendix D: Questions for Plaintiff Forensic Expert: Direct Examination (From Sexual Abuse Litigation: A Practical Resource for Attorneys, Clinicians, and Advocates, P 289-295, 2000, Rebecca Rix, ed. -- See NCJ-193287)

NCJ Number
193296
Author(s)
Barbara Jo Levy
Date Published
2000
Length
7 pages
Annotation
This appendix provides the direct-examination questions asked by the plaintiff's attorney to the forensic expert (accompanied by the attorney's anticipated answers) in an actual civil suit in which the plaintiff had repressed memories of childhood sexual abuse that prevented her conscious knowledge of the abuse until many years after it occurred.
Abstract
The questions in the direct examination are placed under the following categories of information and testimony: background/credentials, scientific literature on trauma and memory, evaluation of the plaintiff, and "other." The questions on the expert's background/credentials pertain to his/her education, professional experience, and professional achievements that qualify him/her to render an expert opinion regarding scientific findings on trauma and memory and its manifestation in childhood sexual abuse. Questions on the scientific literature on trauma and memory are intended to elicit from the expert the findings of scientific research regarding the possible impact of a traumatic experience on a person's conscious memory of the traumatic event. The questions include attention to the controversial aspects of repressed memory due to a traumatic event. Questions pertinent to the evaluation of the plaintiff focus on the expert's findings and opinion regarding whether the plaintiff suffered a traumatic experience that resulted in a repressed memory of the victimization. The questions listed under "other" involve a critique of the treating therapist's interview, report, and/or deposition; a critique of reports from defense witnesses; and opinions about the therapeutic needs of the plaintiff and the plaintiff's prognosis. 2 notes