This Blog was written and published for the People
by the Law Office of Vincent J.
Sanzone, Jr.
Often in an alleged sexual assault case of a minor
the State prosecutor will offer a CSAAS expert (Child Sexual Abuse Accomodation
Syndrome witness) who will testify that the child’s delayed reporting of the
abuse is normal in children. They will
use this testimony not only to explain why the delayed reporting is common, but
more deceitfully to falsely plant the seed with the jury with the idea that in
fact the child is actually telling the truth because he or she delayed in said
reporting.
One form of effective cross-examination goes like
this.
1. So,
doctor, you’re not saying the child is necessarily telling the truth, correct?
2. Or that
this incident actually happened?
3. Sometimes
children delay in reporting sexual abuse because it never happened, correct?
4. And other
times the delay reporting happens at some future time, due to family influences
or the stories of other children, and they make up the claims, correct?
5. The fact
that the child’s allegation came so much later in no way enhances the child’s
credibility, correct?
Note, any real cross would be much better
structured and somewhat longer, but only somewhat longer. Get in, quickly make
your point, and get out. The brevity of the cross implies to the jury your
outright dismissal, almost contempt, of the weight of such testimony, and the
doctor has said that the child is not necessarily telling the truth, and that
some children make up stories. Their
expert says that. The
jury instruction helps cement the point. Incorporate the language used in the
charge into your questions to make it seem to the jury that the judge agrees
with you by using the same words in his final charge and the same cautionary instructions.
Lastly, it is important that you read the jury
charge first. It offers a wealth of topics for cross-examination, and with just
a few questions you can turn that witness into your best summation argument.
You do not want to undermine the witness.
Most importantly you want to use his/her credentials to prove your
point.
P.O. Box 261
277 North Broad Street
Elizabeth, N.J. 07207
Office: (908)
354-7006
Cell: (201)
240-5716
Dated:
November 18,
2013
Criminal
Lawyers Jersey City, Criminal Lawyers Elizabeth NJ, Criminal Lawyers Newark,
Criminal Lawyers Bayonne, Criminal Lawyers Plainfield, Criminal Lawyers Union
City, NJ, Criminal Lawyers Bergen County, Criminal Lawyers Bergen County, Criminal
Lawyers Union County NJ, Criminal Lawyers Essex County, Criminal Lawyers
Irvington, Criminal Lawyers New Brunswick
No comments:
Post a Comment