UNITED STATES
Religion News Service – Rhymes with Religion
Boz Tchividjian | Jan 15, 2016
Happy New Year to all!
At the beginning of each new year, I like to take time to think about what we can be doing to bring about more justice to those who have suffered from the ravages of sexual abuse. However, thinking alone is not enough. If our our thoughts don’t move us to action, we really haven’t helped and justice remains elusive for so many. Attorney and victim advocate, Neil Jaffee, is someone who has spent his life moving thoughts into actions. Actions that have made a real difference in the life of so many abuse survivors. In this fantastic guest post, Neil describes and advocates for a a set of specialized practices that will revolutionize our approach to the handling of child sexual abuse cases in the criminal justice system. As a former child sexual abuse prosecutor, I can tell you that these proposed practices have a real possibility of delivering genuine justice and real hope to those who deserve it most. My prayer is this post will challenge each of us to help Neil in move these thoughts into action across the country. – Boz
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Cases involving adult survivors of childhood sexual abuse are unique at their core because they involve survivors who were victimized as children but enter the legal system as adults. This fundamental aspect of adult survivor cases drives the need for specialized protocols and policies to address the particular dynamics of these cases.
The legal system must apply a specialized, trauma-informed approach to the investigation, prosecution, and disposition of adult survivor cases.
1. Trauma-informed systemic practices are essential
Childhood sexual abuse is recognized as a form of complex psychological trauma in that it typically involves repetitive, ongoing abuse, a fundamental betrayal of trust in a primary relationship, perpetrated by someone known by or related to the victim. The timing of the abuse events during a critical period of development during childhood has adverse long-term psychological and behavioral effects on the victims. Due to developmental impairments in cognitive functioning and language production related to the occurrence of the abuse events during childhood, some adult survivors may not be able initially to remember clearly and recount to investigators the details of the abuse events and recovered memories are often fragmented, incomplete, and nonspecific. The legal process itself can be re-traumatizing for survivors. Accordingly, the development of a trauma-informed approach is essential to support survivors in filing their legal claims, preparing them for the challenges posed by the justice system, and presenting their cases effectively in court.
* Specialized Practice: Forensic interviewers of adult survivors need to be trained in the neurobiology of traumatic memory. First responders and all subsequent interviewers of adult survivors should understand that suffering sexual abuse at an early developmental stage affects a survivor’s memory and ability to translate childhood memories into adult language that is coherent, complete, and chronological. Prosecutors should develop the skills to place recovered abuse memories in their proper context so as to explain delays, omissions, and/or inconsistencies in a survivor’s statements. Experts are often necessary to educate jurors (and judges) as to the correlation between childhood sexual abuse and traumatic amnesia. There must be a victim-centered approach at all stages that proceeds from the presumption that the survivor is credible unless the evidence proves otherwise.
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