What is the impact of a behavioural scientist on a sexual assault trial?

Ontario, Canada


The following excerpt is from R. v. G.C., 1997 CanLII 12448 (ON SC):

80 There are undoubtedly features of sexual victimization, other than delayed reporting, which invite the assistance of behavioural scientists. Some issue-specific examples include recantation, memory recovery, continued association with the abuser, and, age-inappropriate sexual behaviour and knowledge in young children. The expert’s opinion is a rehabilitative tool in the sense that it can serve to assist the jury in understanding possible explanations for behaviours seemingly inconsistent with abuse. Such expert evidence may be led to pre-empt or to rebut an inference that the complainant is lying: State v. Cressey, 628 A.2d 696 (U.S. N.H. S.C. 1993) at 703 per Brock C.J.

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