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Lies, Personality Disorders and Expert Evidence: New Developments in the Law

Citation

Henning, T and Freckelton, I, Lies, Personality Disorders and Expert Evidence: New Developments in the Law, Psychiarty, Psychology and Law, 5, (2) pp. 271-283. ISSN 1321-8719 (1998) [Refereed Article]

DOI: doi:10.1080/13218719809524940

Abstract

The High Court decision in Farrell v The Queen1 has determined that psychiatric and psychological evidence is admissible about the effect of mental conditions outside the realm of ordinary experience upon witness reliability. The practical effect of the decision is to give a fillip in sexual assault trials in particular to the defence tactic of calling expert evidence to suggest that because a complainant suffers from a personality disorder she or he may not be worthy of a jury’s trust. The authors argue that while the decision is not surprising from a legal point of view, it may have many important repercussions for the conduct of sexual assault trials " to the detriment of complainants. © 1998 Taylor ‖ Francis Group, LLC.

Item Details

Item Type:Refereed Article
Research Division:Law and Legal Studies
Research Group:Other Law and Legal Studies
Research Field:Law and Legal Studies not elsewhere classified
Objective Division:Expanding Knowledge
Objective Group:Expanding Knowledge
Objective Field:Expanding Knowledge through Studies of Human Society
Author:Henning, T (Associate Professor Terese Henning)
ID Code:13118
Year Published:1998
Deposited By:Law
Deposited On:1998-08-01
Last Modified:2011-08-08
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