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

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  • Edition: 1st
  • Format: Nonspecific Binding
  • Copyright: 2000-08-23
  • Publisher: Routledge
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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
Rebecca Rix
History and Analysis of Delayed Discovery Statutes of Limitations in Adult Survivor Litigation
Mary R. Williams
Sexual Abuse Litigation: A Difficult Journey Through Unfamiliar Territory
Janet L. Sonne
Julian J. Hubbard
Evaluation of the Delayed Discovery Case
Michael S. Morey
Plaintiff and Defense Expert Witnesses in the Sexual Abuse Case
Barbara Jo Levy
Delayed Memories and Scientific Evidence: Maintaining the Pre-Trial Admissibility of Delayed Memory Evidence
Brooks Cooper
The Needle in the Haystack: Uncovering Insurance Coverage for the Sexual Abuse Victim
Julian J. Hubbard
Appendix A: State by state Analysis of Reported Decisions and Statutes of Limitations Governing Childhood Sexual Abuse Actions
Mary R. Williams
Appendix B: States Without Specific Statutes of Limitations Governing Childhood Sexual Abuse Actions (Summarizing Appendix A)
Mary R. Williams
Appendix C: States with Specific Statutes of Limitations Governing Childhood Sexual Abuse Actions (Summarizing Appendix A)
Mary R. Williams
Appendix D: Questions for Plaintiff Forensic Expert: Direct Examination
Barbara Jo Levy
Appendix E: Questions for Plaintiff Forensic Expert: Rebuttal
Barbara Jo Levy
Appendix F: Selections, Deposition Testimony of Elizabeth Loftus, PhD
Barbara Jo Levy
Appendix G: Selections, Cross Examination of Elizabeth Loftus, PhD
Barbara Jo Levy
Appendix H: Other Resources
Rebecca Rix
Index 379

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