When cross-examination ended after three days, the three defence barristers had asked the gang rape victim 1 971 questions.
In a new book, Girls Like You, journalist Paul Sheehan puts forward the proposition that the legal system not only fails some victims, but is loaded against them.
Professor Don Thomson from Charles Sturt University’s School of Social Sciences and Liberal Studies is a Registered Psychologist and a Barrister-at-law. He agrees that vigorous cross-examination can be an unpleasant experience for the victim. “They have already suffered the indignity of being victimised by the offender, but their testimony has to be tested by the defence barristers because the criminal trial is about determining the guilt or innocence of the defendant.
“Criminal law is not about the protection of the individual per se. At the end of the day the criminal trial is about convicting or acquitting the offender. We have to be pretty sure before we send someone to gaol. The protection of the individual is in a sense a by-product of the protection of society.”
In some crimes, for example gang rape or home invasion, there can be a single victim but several co-accused. It means the victim can be subject to multiple cross-examinations from several senior barristers over an extended time period of a few days. Professor Thomson says it is necessary because “the interests of each of the co-accused do not necessarily coincide.
“We have joint trials because it minimises the inconvenience for the victims and other witnesses, and from society’s point of view it is cheaper. On the other hand, from the co-accuseds’ point of view, they may be seriously disadvantaged. Research shows you are more likely to be convicted with other co-defenders than if you are tried by yourself.”
Professor Thomson was recently awarded the Australian Psychological Society (APS) College of Forensic Psychologists inaugural distinguished contributions award. Professor James Ogloff, Chair of the APS College of Forensic Psychologists, says he is delighted that Professor Don Thomson is the recipient of the inaugural award.
“Don is seen internationally as a major influence on forensic psychology in Australia. His contributions span the areas of program development, research in forensic psychology, and the training of many now-distinguished forensic psychologists. We saw Don as the most appropriate person to receive this important award."
Professor Thomson says “one of the contributions that I take pride in is the achievements of my students. Some are internationally known academics, some hold senior positions in corrective services and justice departments, and some are now practising in law as well as psychology. It is extremely gratifying that my former students are making significant contributions in the area of psychology and law.
“I have also had the opportunity to promote relationships between psychology and the law. Prior to my law studies, as a then non-lawyer, I was invited to serve on two Law Reform Commission committees and so by doing, able to bring a psychological perspective to the deliberations of these committees.”
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