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Preparing Staff for Testimony in Sexual Assault Cases

NCJ Number
218133
Journal
Journal of Forensic Nursing Volume: 3 Issue: 1 Dated: Spring 2007 Pages: 47-49
Author(s)
Deborah P. Cashman; Lynda D. Benak
Date Published
2007
Length
3 pages
Annotation
This article discusses the role of a hospital's risk manager in coordinating the testimony of hospital staff who may be involved in providing expert testimony in sexual assault cases in which hospital staff have been involved in evidence collection and processing.
Abstract
A hospital's risk management department should review the professional expertise and training of staff who handle sexual assault cases. In particular cases, a representative of the risk management department should hold a preliminary meeting with the prosecutor to discuss the likelihood of staff members being called as witnesses and the nature of testimony on direct examination and likely defense questions on cross-examination. The medical record of the case should be reviewed, and the risk manager should discuss with the staff witness the nature of any tools that might be useful in augmenting his/her testimony, such as diagrams, photos, etc. Ideally, there should be at least two meetings between the prosecutor and the healthcare provider who will testify. An initial meeting should include a review of the entire record of the case, so as to ensure there is agreement on interpretation of patient and case record. A second meeting should focus on specific questions of concern to the healthcare provider. Issues that can be important in a case and in healthcare-provider testimony are timing of the reporting by the victim; any corroborating facts; whether the suspect spoke to the police, and if so, whether there were any inculpating statements; the presence of any DNA evidence; the timeline of the assault; any contradictions in the victim's version of events, and if so, any explanations for them; and any inconsistencies and/or contradictions in the suspect's version of events.