Plaintiff and Defense Expert Witnesses in the Sexual Abuse Case

Abstract

Summary Barbara Jo Levy presents strategies and techniques for countering the “false memory” defense through the effective use of plaintiff's expert witnesses. She argues that expert witnesses should assist in preliminary case evaluation, education of the judge and jury, and in critical evaluation of defense expert testimony. Plaintiff's experts are valuable allies in maintaining the focus of the case on whether or not sexual abuse occurred in the case at hand, rather than allowing the analysis of the facts to become mired in debates over memory science. She underlines the key distinction between the role of the treating therapist and the expert witness, gives important criteria in choosing an expert witness, and reveals three key objectives of successful cross-examination. Appendices provide questions for the direct and rebuttal examination of plaintiff's expert witness, as well as actual deposition testimony and subsequent cross-examination of a defense witness to illustrate these strategies in action.