ABSTRACT
This chapter explores how witnesses are questioned at trial, and the extent to which the type of questions posed to witnesses is subject to either judicial or statutory regulation. It examines the rules surrounding the cross-examination of rape complainants, which have been the source of considerable consternation for both commentators and victims' organisations. The only legal controls on the parties are the rules of evidence, and the extent to which the trial judge enforces them or exercises discretion to place limits on the parameters of the questioning process. All witnesses may refresh their memories from statements or other documents made reasonably close to the events about which they are to give evidence. If the evidence is highly relevant and highly prejudicial, it cannot be reasonable to assume that the purpose of adducing the evidence is to impugn credibility, although that is an inevitable consequence of allowing the evidence to be adduced.
