Lawyers' Strategies for Cross-Examining Rape Complainants: Have we Moved Beyond the 1950s?

Abstract

Despite widespread reforms to legislation and policy, rape complainants still find cross-exam- ination distressing, demeaning and humiliating. We conducted a systematic and holistic examination of cross-examination strategies to discern: (1) the range of tactics that defence lawyers use to challenge rape complainants’ accounts; and (2) whether—and if so, how—the approaches used currently differ from those used prior to the reforms. We compared the strate-gies and tactics used in cases that were prosecuted in the 1950s to those used in cases from the turn of the twenty-first century. Although contemporary complainants were subjected to lengthier cross-examinations involving a broader range of tactics than their historical counterparts, there was little difference in the breakdown of strategies and tactics across time periods.