Cross-Examination of Difficult Witnesses

Presented by Eric Davis, Assistant Public Defender, Chief of Felony Trial Division, Harris County Public Defender (TX); and Karen Smolar, Trial Chief, Bronx Defenders
Advanced Skills in Sexual Assault Defense
Indianapolis, IN | 2018 | Grant-Funded Public Defense Training

[@AngieMcQuillinCoaching]

The part where there is a discussion about a delay in coming forward is very unfair. It’s based on the assumption that someone would come forward as soon as it happens or when there is a so called convenient time. It doesn’t mention the level of fear, shame, confusion a child would experience - which all affect how people respond to such trauma. Some people take decades to come forward on their cases. The fear of not being believed is over whelming. ESP when the person who commited the violence is older and more influential. In a minors eyes they don’t stand a chance in a court. People don’t like being seen as damaged goods which is how many people feel who have experienced sexual assault. People need to understand the psychology of trauma. It’s not like you’re coming forward about stealing a packet of chewing gum from a sweetie shop - were talking about the worst thing any human (esp a minor) can ever experience. Also a traumatised mind becomes fragmented. It’s an involuntary reaction from the brain to help survive something so horrific. Then the gaps of memory or uncertainty of exact timing of what happened when is used against the victim. Either someone prosecuting isn’t aware of this - and therefore I’m alarmed they’d have such a job. Or they are aware and they’re using the loss of absolute clarity as a manipulation tactic to undermine their credibility and invalidate their story. People need to understand this before judging any sexual assist allegations. !!!!!

[@jvanek8512]

False accusations can be just as traumatic

[@rollbamaroll6518]

These are the sleepy type of defenses lawyers .expecting a child to immediately report a sexual abuse allegation is flat out pathetic for an adult to expect.

[@Raison_d-etre]

I love how the woman chuckles over all the abuse allegations.

[@rollbamaroll6518]

This woman is a disgrace. She clearly thinks she is the best lawyer to walk the country.

[@EdgarAllanGo]

These people are disgusting. 41:45 where she is joking about a mom asking a child “did he put his fingers in you?” is deplorable. The male saying “well the child’s hymen isn’t broken so that’s fertile ground” is disgusting. It’s actually extremely rare for false reports.

[@jvanek8512]

I hear that excuse all the time. Tell that to the men who have their lives ruined by false accusations. I don't care if it's rare. One false accusation is one too many in my book. Better to let nine guilty men go free than to imprison one innocent man.

[@jvanek8512]

I'd agree with you that false accusations are rarely prosecuted, but I definitely do not believe false accusations themselves are rare. I believe that Yal student who was acquitted, but his life still ruined. An NFL player proved he wasn't even at the place the woman said he was at when she accused him yet he's still out of the league.

[@EdgarAllanGo]

@@jvanek8512 go believe statistics. Use google.

[@tint6625]

I’m facing sexual assault charges now , thx this is important

[@diogesesmore9874]

It is. You shouldn’t sexually assault people.

[@iamgazoo]

very little actually usefull information

[@chipkirwan1852]

Full

[@coimbralaw]

The millennial uptalk makes this such a difficult video to listen to.

[@kewGarden]

Snowflake.

[@secularapple]

Whatever happened to sticks and stones but not words?

[@Raison_d-etre]

This isn't millennial uptalk. This are a child abuser's helpers. You don't understand what they're saying or can't read between the lines.

[@rollbamaroll6518]

This content is such a joke. “Why is the child making this up?” “Why hasn’t the child mentioned it before? She went to the doctor and had that opportunity but never mentioned it!!” Sleezy one sided defense work. Took all it had for that lady who clearly loves the microphone to even remotely suggest the “possibility that it may be true.” Tried to learn something to be a better lawyer but this content is absolute 🗑️. So biased it pity makes me sick. Skip. ⏭️