This paper deals with the question of how the criminal justice system should deal with victims of sexual crimes. It is divided into two essays: the first deals with relevant domestic violence legislation and how to help women who are victims. The second essay deals with treating victims and perpetrators of childhood sexual abuse within the legal system.
Awareness about psychology behind domestic violence has been greatly enhanced in recent years, as have legal protections for victims. However, the courts' major decisions on domestic violence cases have been somewhat equivocal. For example, in the case of Castle Rock v Gonzales, the abused woman filed a complaint against the police department, arguing that it violated her right to Due Process when "acting pursuant to official policy or custom" the police "failed to respond to her repeated reports over several hours that her estranged husband had taken their three children in violation of her restraining order against him. Ultimately, the husband murdered the children" (Castle Rock v Gonzales, 2012, Cornell). In the case, the woman had a restraining order against her husband, prohibiting him from coming near her or her children. However, ultimately the court did not find favor with the defendant since a restraining order is not a property 'right.'
In the case of Thurman v. City of Torrington (1984), however, when Tracey Thurman's husband repeatedly assaulted her and the police ignored numerous violations of restraining orders, it was found that by the U.S. District Court for Downstate Connecticut that "city officials and police officers… [Must] protect the personal safety of persons in the community. This duty applies equally to women whose personal safety is threatened by individuals with whom they have or have had a domestic relationships" (Hiatt 2011).
Officers must be briefed upon the seriousness of domestic violence, so they understand that violence between partners is not a 'normative' situation. Additionally, they must be aware of the symptoms of domestic abuse, as exhibited by victims, which may include reluctance to report on violent spouses and a fear of leaving the situation, which is sadly often part of the mentality of a bettered spouse. Enabling the women to get a restraining order, putting her in touch with battered women's shelters, and other measures are essential components of helping victims. Shelters and agencies specifically designed to deal with this issue can give women a place to stay and connect them with resources to become more economically self-sufficient as well as separate them from the abusers.
Part II
Alexis is suffering one of the most common kinds of sexual abuse -- sexual abuse at the hands of a family member. Children who are the victims of sexual abuse may feel a sense of shame, self-blame and a lack of normalcy. This lack of normalcy is one reason that "group therapy is generally regarded as the treatment of choice for sexual abuse. However, usually groups are offered concurrent with other treatment modalities, and some clients may need individual treatment before they are ready for group therapy" (Treatment of child sexual abuse, 2012, Child Welfare Information Gateway). For children who feel as if they must have 'done something wrong' because they are the victims of abuse, group therapy can help expose them to other children who have also suffered similar trauma. However, Alexis would likely benefit from individual sessions, to talk more in-depth about her personal experiences, given her age and the traumatic nature of being hurt by someone whom she trusted in her family.
If Alexis is suffering from PTSD (post-traumatic stress disorder) as the result of her abuse, she may need more intensive therapy to deal with its symptoms. The symptoms may include flashbacks, anxiety attacks, and depression. The child may become phobic about events related to the abuse. With Trauma-Focused CBT (TF-CBT) "the child may talk about his or her memory of the trauma. TF-CBT also includes techniques to help lower worry and stress. The child may learn how to assert him or herself. The therapy may involve learning to change thoughts or beliefs about the trauma that are not correct or true. For example, after a trauma, a child may start thinking, 'the world is totally unsafe'" (PTSD in Children and Teens, 2012, Department of Veteran's Affairs.). CBT helps the child replace anxious, rational thoughts with realistic thoughts and place her experiences in a more realistic context.
For her uncle Anthony, support groups for former victims of childhood sexual abuse can also be useful. With group therapy for an adult survivor of abuse who has become an abuser, the intention is that the group support will help provide accountability for the offender so he will not 'act out' again. "The rationale for this is the argument that sex offenders require group therapy because effective confrontation of manipulative behavior can only be done by other individuals who have been through the same dynamic" (Wakefield & Underwager 1991). Individual therapy may also be appropriate. CBT therapy can help adult survivors of sexual abuse deal with PTSD as well. CBT can help former abusers regulate their urges through cognitive mastery over their thoughts and identifying negative thinking patterns which lead to negative behaviors.
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