What is frustrating to me is that even if the WBTS and Silentlambs, Attorneys and Parents who have been contacted before Law Enforcement of sex abuse disclosures were to pick up their phones immediately and call th e Police to report alleged sex abuse, there is still a huge amount of hurdles to clear before an alleged abuser will be brought to justice. Investigations gathering evidence that is deemed to be prosecutable can take months. Diliberations by district attorneys before a judge can take months. Arrest warrants for abusers can take months to serve. Arraignment and depositions, attorney selection and discoveries can take months. Pre trial motions and settlement conferences can take months. Trial setting and trial can take months. Jury selection can take months. Appeals and re trials can take months......So a child that is abused between the ages of 5-11, can disclose the abuse at 12 and not see Trial until she is 18 or older. It is disheartening and overwhelming. A child who has already lost their young childhood innocence can continue on to lose most if not all of their young adult life. Perhapse THIS is why many choose not to take a legal course of action. BUT it should still be placed upon the table immediately for them to contemplate.
Sex abuse prosecution hurdles
by Tylinbrando 7 Replies latest watchtower child-abuse
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NewChapter
Yes, due process can feel frustrating, but it is necessary. The alternative is a bit scary. You'd have to show me where a normal case takes 6 years to prosecute. I know they can take a while, but that seems to go against the right to a speedy trial. But maybe you are referring to appeals etc---in which case I thought this was not a retrial--but an evaluation of the previous trial.
Also, why do you say the victim loses more of their life based on a trial. I would hope the parent would help the child move forward, get counseling, enjoy her/his life, get into sports, take music lessons, act in school plays, go camping, go to movies, have sleep overs. It would be tragic if a child's life were then defined by the outcome of the trial. I don't think their lives stop and stagnate---and this should be only one portion of their lives and the parents should work hard to minimize as much as possible the effect of the trial on the child.
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talesin
It is a heavy burden for a child, yes, but an even heavier one, is knowing the abuser is out there, hurting other children. The cases do need to be prosecuted, and the families need a lot of support to be able to maintain. In the case of JWs, remember that the whole family unit has also most likely been betrayed. Sex is a verboten subject ... the elders may be involved in covering up other cases .. family being shunned .... so many layers of abuse!
That is why it's so important for everyone to stand together in demanding support services, such as the ones NC mentioned, for all. Many folks don't have access to services because they don't know what's available, too. We can help by advocating for each other. Eg, my friend (lives in another country, far away) couldn't afford therapy, but wanted to talk to someone. I did some poking around online, and found a clinic, which offered services on a sliding scale, and passed on the information. That got my friend looking, and they found a great therapist, at a jaw-dropping low price.
So, we can all be a part of the solution, by lobbying for new laws, volunteering at shelters, supporting our families and friends who are touched by the horror of child sexual abuse, whatever, it all counts.
:')
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Tylinbrando
New Chapter is right about moving on and helping a child flourish without the daily burdens of the abuse issue. For the most part this can be the case as investigators and attorneys go about their jobs. But let me tell you from personal experience, even when going about the normal activities of life and focusing on those activities as a case progresses behind the scenes, the child victim is repeatedly called upon to recite her experience whether it be for the initial investigators , prosecution or civil attorneys or new professionals that are brought into the field be it therapists, doctors, Minor's Counsel, etc. It seems each 90 days brings back the trauma and stress while trying to move ahead throught the legal battlefield. It is taxing. It is overwhelming. When the repeated question of "Are you sure you can move through this?" is repeatedly offered up by professionals it leaves the child and her advocates wondering, "why so much doubt?" and "perhaps we can not."
I have to say that it seems new legislation and practices in the acquiring of depositions from the victims is a tremendous help. Forensic investigators take a DVD testimony from the young victim and strive to utilize it repeatedly for the plethora of professionals involved with the case. This limits the "retelling" of the abuse for the child over and over and is even hoped to keep the child off of the stand at trial.
Still, invariably, the child being the victim, is subjected to the issue daily while in the private of her own room or thoughts or in the occasional visit to a cold professional office. Perhaps it is the nature of things and is what it is. Helpful solutions and recommendations to minimize these facets of life are appreciated.
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braincleaned
As much as I would go balistic if one of my children would tell me they had been molested by someone - justice demands investigation. I know of at least one case - a good friend - that was falsly accused of pedophilia by his granddaughter! Even his son, hated his dad for this alledged accusation. He did a year in prison while justice kept rolling (appeals etc...). Finally, it was all to get attention, and the girl admitted it was all made up.
It could have ended worse...
So as much as I hate abuse, I'm convinced that it's unwise to blow up and rush judgement. In EVERY case an accusation must be taken seriously. But we must be careful in the process.
By the way, my friend above told his son, "If you really believe I am capable of this, you should turn me in." The son did - the cops came and picked his dad up. I can only imagine the son's conscience now. His dad never blamed him. But what an experience. It tainted that family forever.
* the son's brother and sis are still mad that he didn't trust his dad enough. Delicate situation... -
Diest
The right to a speedy trial belongs to the defendent not the victim. The D can choose to waive that right at any time.
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Joe Grundy
There are wide variations in procedures in different jurisdictions.
In England & Wales, for example, police officers do not need warrants to arrest suspects, and there are strict time limits between a defendant being charged and appearing in court. We don't have protracted jury selection procedures. Judges are not involved in deliberations with prosecutors or defenders before trial. The normal procedure (if the job is done right) is that the victim tells their story once (recorded) and is not available for interview by the defence. Then the support can start right away. Also in E&W there are very strict rules on media reporting before and while the trial is ongoing. We don't have prosecutors giving press interviews (they are not elected).
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truthseekeriam
Yeah...it does take way too long.
I know for my daughter it was worth the wait to see her abuser handcuffed and taken into custody after his conviction.