• Enlist the active support of the local States Attorney or Prosecutor.

• Provide the Prosecutor with the basis for objections to the common tactics used by the Defense, and the grounds for appeal.

• Publicize the ways the legal doctrine fails to protect women and children.

The Problem

For Children. Children are asked questions beyond their developmental level through the use of words and concepts for which are beyond their cognitive capacity. The failure to answer these questions is used to discredit their testimony as unreliable witness. It is the question, not the child, which should be discredited.
 
For Adults. Adults are asked questions based on myths and stereotypes about sexual assault. The answers are used by defense lawyer to construct arguments based on logical fallacies. The court accepts the unreasonable as if it were reasonable.

The Solution

For both children and adults, the solution is to recruit a local crown attorney who will use the results of our research to raise formal objections in the courtroom whenever these tactics are used, and to appeal the ruling of the Judge if the objections are not sustained. This will better defend women and children, and help to force a new round of law reform based on the results of our research.

The Steps to Take

1. Enlist the support of the Prosecuting or States Attorney to work with your group. If necessary, lobby the Chief Prosecutor to name a special prosecuting attorney to handle all sexual assault and abuse cases and to work with your group.
 
2. Recruit local feminist volunteer lawyers to work with your group and to help support the special crown prosecutor with legal assistance on how to make the necessary arguments.
 
3. Contact NAPASA in order to share your information and experiences with other groups who are "Challenging the Legal System."
 
4. Consider starting a campaign social action group to "Document the Outrageous" in order to provide media coverage and increased public awareness to support the legal challenges.
 
5. Down load the technical documents listed below to give to the Prosecutor/States Attorney and to your supporting feminist lawyer for their used in making formal legal challenges.

The Support Material

For Child Sexual Abuse Cases
1. The list of publication in the research series.
2. Reprints of Publications No.'s 10, 11, & 12
3. The Booklet: Challenging the Legal System for Children.
 
For Adult Sexual Assault Cases
1. The list of publication in the research series.
2. Reprints of Publications No.'s 10, 13, & 14
3. The Booklet: Challenging the Legal System for Adults.