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Victim credibility in adult sexual assault cases
- Trends and issues in crime and criminal justice, no. 288
- ISBN 0 642 53860 3 ; ISSN 0817-8542
- Canberra: Australian Institute of Criminology, November 2004
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Abstract
The exercise of prosecutorial discretion is one of the most important but least understood aspects of the administration of criminal justice. This paper provides an insight into the case by case considerations that inform prosecutorial decisions in adult sexual assault cases, through a thematic analysis of interviews with 24 Crown prosecutors in five Australian jurisdictions. The interviews highlight the factors that prosecutors take into account when assessing victim credibility and deciding whether to prosecute. The paper also discusses prosecutors' views on jurors' attitudes to and defence lawyers' use of moral and gender stereotypes, and the problem of victim intoxication or substance use.
Related links
- Fact sheet: The importance of victim credibility in prosecuting adult sexual assault cases
- Project information: Criminal justice responses to sexual assault
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