Sex Abuse Allegations and the Abigail Syndrome

The Bearing of Daubert on Sex Abuse Litigation

A decision in the case of Daubert v Merrell Dow Pharmaceuticals has been incorporated into American legislation and has defined what kind of knowledge is to constitute expert evidence.

Judges are learning to distinguish between evidence which is the accepted view of a significant number of experts, as required by the Frye or Bolam rule and information which has been subjected to scientific scrutiny and still stands up. Daubert hearings to determine if certain evidence is reliable and can be led are now common in the USA.

The epidemic of sexual abuse claims is based on commonplace but unvalidated beliefs regarding what is to be called 'memory,' about harm done by juvenile sexual activities and the reliability of complainants. Dr Lucire argues that the judiciary now has a tool to enable it to lead rather than follow politicians in putting an end to a modern day witch hunt and on social practices based on ignorance.

Articles

1. The Bearing of Daubert on Sexual Abuse Allegations. Journal of the Australian Academy of Forensic Sciences. vol32 no.245-59

2. How to do a Sex Abuse Evaluation. and handout RANZCP Conference Forensic Section, June 2000, Port Douglas (available on request)

3. Sex and the Professional : Predator or Victim? Published Australian Journal of Forensic Sciences

4. Comparative Analysis of Paradigmatic Assumptions of the True Believers and The Sceptics Contributing to Moral Panic about Child Sexual Abuse.

5. Differentiating True from Fabricated Sex Abuse Allegations.

6. The use of textual analysis in differentiating true from fabricated sex abuse allegations. Presented at RANZCP Forensic Section Conference October 2003 Geelong