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

journal contribution
posted on 2023-05-16, 11:03 authored by Terese HenningTerese Henning, Freckelton, I
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.

History

Publication title

Psychiarty, Psychology and Law

Volume

5

Pagination

271-283

ISSN

1321-8719

Department/School

Faculty of Law

Publisher

ANZAPPL

Place of publication

Melbourne

Repository Status

  • Restricted

Socio-economic Objectives

Expanding knowledge in human society

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