In reply to: The interests of justice? The cross‐examination of child complainants of sexual abuse in criminal proceedings

Abstract

The criminal court system in New Zealand is adversarial. Despite recent changes to the law allowing children's evidence‐in‐chief to be presented on videotape, children are usually cross‐examined in court or via closed‐circuit television. A theme analysis was conducted on the questions asked in 26 transcripts of cross‐examinations of child witnesses who allege sexual abuse in criminal proceedings. In a parallel study, 14 lawyers were interviewed on the strategies they employ when cross‐examining child complainants of sexual abuse. It is argued that current cross‐examination practices in the criminal courts may often breach the New Zealand Law Society Rules of Professional Conduct for Barristers and Solicitors (Rules 8.1, 8.5 and 10.5), and the United Nations Convention on the Rights of the Child (Articles 3(1) and 39). As a result of the studies, five steps are identified which have the potential to ensure that cross‐examinations are consistent with the legal code of ethics and which will produce trials that are fair to all while minimising potential damage to child witnesses.