The cross-examination of complainants of sexual offences is a contentious issue. In one sense, it may be characterised as a conflict between the rights of a person accused of a serious crime with the rights of an alleged victim who may have already survived an extremely traumatic experience. Alternatively, the issue may be viewed as a question of balance, with the needs of both defendants and witnesses to be taken into account, rather than a zero sum game. This paper considers the debate surrounding the right of a person accused of a sexual offence to cross-examine the complainant. It considers the various rights of the accused and discusses the experience of complainants in court. It contemplates whether the experience of sexual assault complainants is unique and thus if special protection is required. However, whilst this paper does consider the issues surrounding cross-examination in general, particular attention is given to the situation where the defendant is not represented.
Briefing paper
Description
Publication Details
Copyright:
State of New South Wales through the Parliament of New South Wales 2003
Access Rights Type:
open
Post date:
27 Aug 2003
