CRIMINAL JUSTICE REFORM IN HANDLING CHILD SEX ABUSE (FROM CHILD ABUSE - WHERE DO WE GO FROM HERE?, 1977, BY SUSAN ARSHACK - SEE NCJ-46783)

• NCJ Number: 46785
• Author(s): C BAHN; M DALY
• Date Published: 1977
• Length: 4 pages
• Corporate Author: Child Protection Ctr,
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

IT IS ARGUED THAT PRESENT POLICE AND COURT METHODS FOR HANDLING CHILD SEX ABUSE CASES EMPHASIZE THE RIGHTS OF THE ACCUSED AT THE EXPENSE OF THE CHILD AND THAT THE COURT EXPERIENCE IS MORE OF A TRAUMA THAN THE ABUSE.

Abstract

THE CURRENT WAVE OF CONCERN OVER CHILD SEXUAL ABUSE HAS DOCUMENTED THE RELATIONSHIP BETWEEN SUCH ABUSE AND ADULT TRAUMA. A LARGE NUMBER OF PROSTITUTES AND CHILD ABUSERS WERE THEMSELVES VICTIMS OF SEXUAL ABUSE. ALTHOUGH THE PROBLEM DOES NOT SEEM ACUTE AT THE TIME, IT HAS LONG-RANGE CONSEQUENCES. YET, THE CRIMINAL JUSTICE SYSTEM IS SET UP TO TREAT IT JUST AS THOUGH IT WERE LIKE OTHER CRIMINAL PROCEDURES AND THE FOCUS OF THE INVESTIGATION IS THE IMMEDIATE DAMAGE. IT IS QUESTIONED WHETHER THE POLICE ARE REALLY THE PROPER PERSONS TO CONDUCT CHILD SEXUAL ABUSE INVESTIGATIONS. SEVERAL COUNTRIES HAVE EXPERIMENTED WITH SPECIAL YOUTH INVESTIGATORS. SEVERAL AREAS IN THE UNITED STATES HAVE ASSIGNED SPECIALLY TRAINED SOCIAL WORKERS TO THIS TASK. SUCH SPECIAL INVESTIGATORS BOTH PROTECT THE CHILD VICTIM AND FACILITATE THE GATHERING OF DATA. A SECOND REFORM NEEDS TO BE MADE IN THE COURTROOM. A SPECIAL INFORMAL SETTING NEEDS TO BE ARRANGED WHICH WILL NOT FRIGHTEN THE CHILD. THE CHILD SHOULD SEE ONLY THE JUDGE, THE PROSECUTOR, THE DEFENSE ATTORNEY, AND THE YOUTH INTERROGATOR. THE ACCUSED, THE JURY, AND THE AUDIENCE SHOULD BE SEPARATED FROM THE CHILD BY ONE-WAY GLASS. THIS WAY THE DEFENDANT'S RIGHTS ARE GUARANTEED AND THE JURY CAN OBSERVE THE DEFENDANT'S DEMEANOR DURING THE CHILD VICTIM'S TESTIMONY. ALSO, MORE ATTENTION SHOULD BE GIVEN TO TRAINING PROSECUTING ATTORNEYS WHO HANDLE PRETRIAL INVESTIGATIONS. THIS TRAINING SHOULD INCLUDE PSYCHOLOGICAL UNDERSTANDING AND COUNSELING SKILLS TO HELP THE CHILD DEAL WITH THE SITUATION. ALL THREE OF THESE APPROACHES COULD BE ADOPTED EITHER TOGETHER OR INDEPENDENTLY. EACH WOULD ALSO HELP EASE THE TRAUMA OF TESTIFYING AGAINST A PARENT OR OTHER FAMILY MEMBER WHICH MAKES THE ABUSE EVEN MORE DIFFICULT PSYCHOLOGICALLY FOR THE VICTIM. REFERENCES ARE INCLUDED. (GLR)