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40 Crim. L.Q. 35 (1997-1998)
Judicial Notice in Criminal Cases: Potential and Pitfalls

handle is hein.journals/clwqrty40 and id is 61 raw text is: Judicial Notice in Criminal Cases: Potential and Pitfalls David M. Paciocco* 1. Introduction There is a perplexing problem facing judges today. For too long, it has been thought, they have been deciding questions of fact in criminal cases according to popular misconceptions about how adult and child complainants react after having been sexually assaulted, including while testifying. Myths have informed judicial reasoning. In an effort to slay these myths, judges have been encouraged to educate themselves about the realities of sexual offences. They have been provided with lectures from experts and referred to literature. They have learned, among other things, that: 1. Sexual offence complainants frequently delay reporting sexual offences, not because they did not happen, but rather because of other reasons including fear, denial, con- fusion, humiliation and self-blame. 2. Child victims of sexual offences frequently recant their allegations. 3. Children perceive events differently (and less com- pletely) than adults do. 4. Children do not have a dependable sense of time and place, and such details may be missing from their recol- lection of events. 5. Although children have clear and accurate memories at the time of the occurrence, their memories fade faster than those of adults. 6. Children may have difficulty recounting details. 7. The intimidating, confrontational and hostile courtroom * Common Law Section, Faculty of Law, University of Ottawa. 35

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