Sexual Assault Nurse Examiners' Experiences Providing Expert Witness Court Testimony

• NCJ Number: 218128
• Journal: Journal of Forensic Nursing Volume: 3 Issue: 1 Dated: Spring 2007 Pages: 7-14
• Author(s): Rebecca Campbell; Susan M. Long; Stephanie M. Townsend; Kelly E. Kinnison; Emily M. Pulley; S. Bibiana Adames; Sharon M. Wasco
• Date Published: 2007
• Length: 8 pages
• Publication Format: Article
• Publication Type: Survey
• Language: English
• Country: United States of America

Annotation

This article reports on findings from interviews with nurses from a national random sample of Sexual Assault Nurse Examiner (SANE) programs about their most recent experience as an expert witness in court.

Abstract

Findings suggest the need for a rigorous evaluation of SANE training in order to identify content and instructional techniques that are the most effective in preparing SANEs for their expert testimony. Further, SANE programs should work closely with both prosecuting and defense attorneys in order to establish a framework for the kinds of expert testimony they can provide as well as the limits of their expertise. Of the 110 nurses interviewed, 73 percent have provided expert witness testimony in their careers as SANEs. When asked to describe their most recent court experience, 43 percent characterized it as "fine" with no difficulties, and 58 percent mentioned that they had encountered problems. Intensive questions about the credibility of the victim were a consistent feature of difficult testimony. These questions may have been viewed by the SANEs as problematic because they deal with topics that are typically outside the purview of the expert knowledge and work of SANEs. Emerging case law stipulates that SANEs focus on the nature of documented injury and other obtained evidence, and not the credibility of the victim. SANEs also encountered defense challenges to their qualifications and skills as forensic examiners. Such lines of questioning may be successful for the defense, because challenges to the quality of the exam/evidentiary findings or the nurse's qualifications have been significantly associated with acquittals or plea bargains. A random sample of 144 SANE programs was selected for this study, and the program directors were contacted by phone to request their participation in this study. A final sample of 110 programs agreed to participate in the study. The most experienced SANE from each sampled program participated in a phone interview. 4 tables and 40 references