1st Edition

Sexual Abuse Litigation A Practical Resource for Attorneys, Clinicians, and Advocates

By Rebecca A Rix Copyright 2000
    418 Pages
    by Routledge

    418 Pages
    by Routledge

    Prepare a solid case with advice from successful litigators!

    Ideal for use as a legal guide or a practical reference, Sexual Abuse Litigation examines how professionals can responsibly and effectively advocate on behalf of adult survivors of child sexual abuse (CSA) in the midst of the controversies surrounding recovered memories. This comprehensive book places the current recovered-memory controversy in historical context and examines how various psychological and medical conceptions of trauma have shaped public opinion and the construction of delayed discovery statutes of limitations.

    For lawyers, advocates, clinicians, and CSA survivors, Sexual Abuse Litigation offers practical advice in clear prose and an easy-to-use format. Summaries, charts, legal practice tips, and samples of actual testimony make this book an invaluable reference tool. It also tabulates the statutes of limitations for sexual abuse cases in all fifty states.

    In Sexual Abuse Litigation, experienced litigators will guide you through the phases of the legal process, offering practical suggestions on:

    • case evaluation and development
    • the pitfalls and opportunities of professional cooperation between therapists and lawyers
    • the effective use of plaintiff expert witnesses
    • strategies for countering the ”false memories” defense
    • the identification of insurance benefits for injuries related to CSA
    • techniques for cross-examining expert witnesses for the defense
    • vital networking information, including resource referrals for adult survivors, help with appellate cases, and information on abuse by clergy and other professionals

      Offering strategies for sustaining the admissibility of the CSA survivor's testimony and how to maintain focus on the question of whether abuse occurred, Sexual Abuse Litigation will give you or your client the necessary information on how to successfully prepare for a CSA case and face the challenges of such cases in the courtroom.

    • About the Contributors
    • Foreword
    • Preface
    • Trauma, Science, and the Law: A Brief History of Trauma Research and the Social Response
    • History and Analysis of Delayed Discovery Statutes of Limitations in Adult Survivor Litigation
    • Sexual Abuse Litigation: A Difficult Journey Through Unfamiliar Territory
    • Evaluation of the Delayed Discovery Case
    • Plaintiff and Defense Expert Witnesses in the Sexual Abuse Case
    • Delayed Memories and Scientific Evidence: Maintaining the Pre-Trial Admissibility of Delayed Memory Evidence
    • The Needle in the Haystack: Uncovering Insurance Coverage for the Sexual Abuse Victim
    • Appendix A: State by State Analysis of Reported Decisions and Statutes of Limitations Governing Childhood Sexual Abuse Actions
    • Appendix B: States Without Specific Statutes of Limitations Governing Childhood Sexual Abuse Actions (Summarizing Appendix A)
    • Appendix C: States with Specific Statutes of Limitations Governing Childhood Sexual Abuse Actions ( Summarizing Appendix A)
    • Appendix D: Questions for Plaintiff Forensic Expert: Direct Examination
    • Appendix E: Questions for Plaintiff Forensic Expert: Rebuttal
    • Appendix F: Selections, Deposition Testimony of Elizabeth Loftus, PhD
    • Appendix G: Selections, Cross Examination of Elizabeth Loftus, PhD
    • Appendix H: Other Resources
    • Index


    Rebecca A Rix