High Court decision in Dyers v The Queen confirms a reinforced right to silence. This confirms the view of a departure from the earlier view, where the right to silence was a conditional right. The evidentiary burden has been shifted on to the prosecution but no attention has been given to the significance of having developed an entire corpus of generally applicable evidentiary rules from the unique context of child sexual abuse. Thus criminal courts have been rendered virtually powerless to convict sexual predators.
|Number of pages||5|
|Journal||Alternative Law Journal|
|Publication status||Published - 2005|