Cross–Examining the Complainant in a Sex case—especially where the witness is a child sex—can be one of the most challenging tasks for even the most experienced trial lawyer. However, even though the witness is a child, that does not mean they have to be handled with “kid gloves”. While cross–examining a sex complainant can be delicate, it does not mean they cannot be as compelling and probative as with any other type of witness. You can impeach and challenge the witness in a way that will effectively undermine the trust that the jury places in that witness’ testimony. This presentation will discuss the style and content necessary to conduct an effective cross–examination of a complainant in a sex case. We will discuss some of the chapters that can be effective in developing an effective story of innocence. This presentation will also address when a witness can “give you permission” to be more direct and “confrontational” in your style of cross examining. We will discuss some other important challenges (e.g., runaway witness, a crying witness) that can occur during a cross examination and effective ways of dealing with each. Sex cases can be won. But they must be handled in a different manner than any other type of case. This presentation will provide you the tools necessary to develop and present an effective story of innocence through your cross examination of the complainant in a sex case.
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Moderator
Erin Van Campen & Lauren Anderson
