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

by Rix; Rebecca A

• ISBN13: 9780789011756
• ISBN10: 0789011751
• Edition: 1st
• Format: Nonspecific Binding
• Copyright: 2000-08-23
• Publisher: Routledge

Summary

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.

Table of Contents

About the Contributors	xiii
Foreword	xv
Jon Conte
Preface	xvii
Trauma, Science, and the Law: A Brief History of Trauma Research and the Social Response	1	(48)
Rebecca Rix
History and Analysis of Delayed Discovery Statutes of Limitations in Adult Survivor Litigation	49	(24)
Mary R. Williams
Sexual Abuse Litigation: A Difficult Journey Through Unfamiliar Territory	73	(24)
Janet L. Sonne
Julian J. Hubbard
Evaluation of the Delayed Discovery Case	97	(16)
Michael S. Morey
Plaintiff and Defense Expert Witnesses in the Sexual Abuse Case	113	(20)
Barbara Jo Levy
Delayed Memories and Scientific Evidence: Maintaining the Pre-Trial Admissibility of Delayed Memory Evidence	133	(14)
Brooks Cooper
The Needle in the Haystack: Uncovering Insurance Coverage for the Sexual Abuse Victim	147	(232)
Julian J. Hubbard
RESOURCE APPENDICES
Appendix A: State by state Analysis of Reported Decisions and Statutes of Limitations Governing Childhood Sexual Abuse Actions	193	(90)
Mary R. Williams
Appendix B: States Without Specific Statutes of Limitations Governing Childhood Sexual Abuse Actions (Summarizing Appendix A)	283	(2)
Mary R. Williams
Appendix C: States with Specific Statutes of Limitations Governing Childhood Sexual Abuse Actions (Summarizing Appendix A)	285	(4)
Mary R. Williams
Appendix D: Questions for Plaintiff Forensic Expert: Direct Examination	289	(8)
Barbara Jo Levy
Appendix E: Questions for Plaintiff Forensic Expert: Rebuttal	297	(6)
Barbara Jo Levy
Appendix F: Selections, Deposition Testimony of Elizabeth Loftus, PhD	303	(46)
Barbara Jo Levy
Appendix G: Selections, Cross Examination of Elizabeth Loftus, PhD	349	(24)
Barbara Jo Levy
Appendix H: Other Resources	373	(6)
Rebecca Rix
Index	379