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Update - Volume 13, Number 12, 2000
Effective Strategies for Victim Advocates in Child Abuse Cases
By Susanne Walters1
Victim Assistance programs across the country are making significant contributions to the investigation and prosecution of child abuse cases. Though a victim advocate2 can never erase the pain of abuse, the advocate can make sure the court process does not add to the victim's suffering. In fact, studies show that when a child receives appropriate support, the court experience can be positive.3 To this end, an advocate may consider the following approaches to meeting the victim's needs.
1) Assist the Caregiver with Emergency Needs. Many victims require immediate assistance with basic needs such as food and shelter. In most jurisdictions, child protective services (CPS) will handle placing a child removed from a home. However, in jurisdictions where advocates respond immediately to the crime, it is not unusual for them to assist in finding a safe place for the non-offending caregiver and child. This is particularly true when the defendant is a family member and will be released on bond relatively quickly. The child and caregiver may also need food. Since many cases of child abuse overlap with domestic violence, it may also be necessary to seek an order for protection.
2) Inform the Child and the Caregiver of Their Rights and Roles within the System. Basic rights typically afforded to victims include protection, information, dignity, compassion, and reparations. The child victim's role is to provide information about the crime to the prosecutor. The child victim and caregiver may also provide input regarding decisions involving the case, for example, a plea, and appear in court, if needed. Advocates, attorneys and other professionals should be honest about possible court appearances. Too often, caregivers are told by well meaning professionals that their children will not have to testify in court.
When discussing rights and roles with a child and caregiver, it is important to use plain, simple language. To this end, it may be advisable to speak with the child separately from the caregiver to make sure age appropriate language is used.4 victim Advocates should avoid using complicated legal terms or acronyms. It is helpful to have bilingual advocates or an interpreter available.5 Always check for understanding, and encourage the child and the caregiver to call back if they do not understand or do not remember something that was said.
3) Assist the Caregiver in Meeting Financial Expenses Associated with the Victimization. Every state has a victim compensation program. It is typically part of the Victim Advocate's job to explain the victim compensation program. Sometimes the paperwork can be very cumbersome. Victim Advocates should be familiar with how to properly complete and file the paperwork (some offices have an advocate whose sole responsibility is to assist with this paperwork) necessary to secure payment of any money that the victim is owed as a result of their victimization. Victim Advocates can also assist the family with referrals to government assistance programs. Some offices have petty cash available for emergency needs.
Some advocates go so far as to intervene with creditors in an attempt to ease the financial burden on a victim's family.
4) Be Supportive of the Caregiver. In intrafamilial cases of child abuse, a non-offending caregiver is often alienated by friends and family. Many people do not know what to say to someone in this type of situation. It is important to remember that by offering support to the non-offending caregiver, advocates are having a direct influence on the child. If the caregiver trusts the system, that trust will be conveyed to the child. It is also very important to explain the dynamics of child abuse to the non-offending caregiver. Non-offending caregivers frequently feel guilty and depressed about the abuse. Non-offending caregivers need to understand that what happened is not their fault and to be prepared to support the child emotionally during this time. The non-offending caregiver's support is critical in avoiding recantation.6
5) Make Appropriate Referrals. Some victim assistance programs provide their own trained counselors and others make referrals to outside agencies. Victim Advocates should be well versed in the services available in their community. Advocates should follow up and make sure appropriate referrals were made by CPS or other agencies. If not, advocates should go ahead and make the referrals.
It is important to make sure child victims, siblings, and non-offending caregivers are offered the opportunity to attend counseling. Virtually all programs recognize the need for counseling for child victims. If possible, select a counselor well versed in memory and suggestibility research who, if need be, can defend in court the counseling offered to the child victim.
Siblings should be offered counseling as well because they are secondary victims of a crime and may need help understanding what has happened.7 A non-offending caregiver also can benefit greatly from counseling or a support group. Participation will help them understand that they are not alone. In referring a victim or victim's family to counseling, be sure to advise the family that traditional guarantees of privacy may not apply. Defense attorneys often seek access to private counseling records of a victim. Although prosecutors should vigorously object to this further invasion of the child's privacy, some judges will order at least an in camera inspection of counseling records. Victims must also understand that if they choose to provide a prosecutor access to counseling records, applicable rules of discovery may require that the information be shared with the defense counsel.
Additional referrals may include:
Support groups: Crime specific support groups can be very helpful. An example of this would be a support group for survivors of child sexual abuse. This type of group allows victims to share their experiences with those who have had similar experiences. Support groups frequently help strengthen the resolve of those affected by crime.
Community-based services: Sometimes a physical outlet is good for children in these situations. Sports teams, scouting organizations, or other interests may help the child let off steam. The family may also need a referral to legal aid for civil issues including divorce, child custody and child support. The victim advocate can help the caregiver make these arrangements.
6) Protect the Child and Caregiver from Harassment. It is critical that victim advocates report to the authorities any and all threats, intimidation or harassment made against the victim, including threats from the defendant, defendant's family or friends and even media intrusion. It is not the Victim Advocate's role to decide which threats are serious.
7) Maintain Constant Communication with the Prosecutor. It is important to constantly update the prosecutor on issues involving the child victim, their whereabouts is critical. It is also not uncommon for a non-offending caregiver and the child to leave the state to move closer to relatives or other support persons. These issues have implications for the case, and the prosecutor needs to be informed. The prosecutor also benefits from frequent updates on the child's emotional well being. Questions prosecutors need answers to include: How is the child coping emotionally? Is the child attending counseling? Is he/she making progress? Does the child's therapist feel the child will be able to testify in open court?
8) Provide Child and Caregiver with Updates on the Status of the Case. The advocate can assist in scheduling court appearances at times that are good for the child and non-offending caregiver. It's important to take into consideration the child's age and the expected duration of the testimony when scheduling a child's appearance. A substantial part of most victim advocates' time is devoted to updating victims about the case schedule. Victims should be informed of any depositions scheduled, pre-trial hearings, and trial dates. If an advocate learns of a cancellation of a court date, the victim and the caregiver should be notified immediately to avoid needless cancellation of school or work. Some communities have begun to use computerized notification systems to assist in managing the contact portion of victim assistance. This is not meant to take the place of personal contact, but can provide the victim with 24-hour access to the latest information about the case.
9) Maintain Contact with the Local Multi-Disciplinary Team. Multi-disciplinary team (MDTs) and Children's Advocacy Centers are invaluable resources for service referrals. Local MDTs should be very familiar with community agencies and funding sources. Some victim assistance programs even house their jurisdiction's MDT. In Suffolk County, Massachusetts, the Prosecutor's Office Victim Witness Program8takes the lead in coordinating the jurisdiction's multi-disciplinary approach to child abuse cases. A forensic interviewer in the program conducts an MDT interview while other members of the team watch through a two-way mirror.
10) Have a Formalized Approach to Court Orientation. It is important to make sure that all persons involved in providing court orientation have accurate, easily understood materials with which to work. Failure to provide accurate information can cause unnecessary anxiety for a child. Whether the advocate uses a court school 9 or an individual approach is less important than providing information that is accurate. Adults have numerous misconceptions about court that may be relayed to children. For example, an adult may believe that a child will be shouted at or mistreated in court. It is important for the victim advocate to explain to the child and non-offending caregiver that the child will likely be treated with respect.
Victim advocates also take the lead on preparing the court for any special needs that the child may have. Preparing the court in advance to accommodate a child with physical or mental disabilities conveys to the child that the prosecutor's office cares about them personally. It is important to arrange for an interpreter for deaf victims and have materials in Braille for blind victims. An advocate should also verify that the court has wheel chair access and a special place to store medications (e.g., insulin) before a child may need them.
The victim advocate should assist the child and caregiver with preparation of the Victim Impact Statement. There are sample work sheets and age appropriate examples to assist with this process.10
It is also the shared responsibility of the advocate and prosecutor to provide information to the child and caregiver on possible outcomes for the case. It is very important to cover all possibilities. Victim advocates should have counseling available in the event of a not-guilty verdict or a hung jury, and should follow up with the child and non-offending caregivers after the trial to be sure their needs are being met.
Finally, every office has the potential to be more child-friendly. If you cannot afford a special room or special equipment, be creative and work with what you have! A supply of paper, crayons, coloring books, quiet toys, games and other materials that children can use when they visit the office is helpful. When an advocate or prosecutor meets with the child, make sure there is an appropriate setting. Try to avoid sitting behind a desk. Be sure to turn off the phone and give the child your full attention.
This article has focused primarily on the response to child abuse cases where the defendant is a family member because the majority of child abuse cases involve a defendant that the child knows. When the perpetrator is unknown to the victim prior to the victimization, there may be less need for emergency services and financial assistance, but these issues should still be looked at. All of the other strategies would apply.
Most of the strategies presented here are not unique. Victim Advocates provide these services to all types of crime victims. However, it is important when working with a child and caregiver to focus on providing services to both. Do not communicate exclusively with the adult involved in the case. The abuse happened to the child and he/she has a right to be included. Victim advocates can greatly enhance the services offered to families and help the child and caregiver have a positive court experience.
1 Grant Coordinator and Victim Advocate Volunteer, Sarasota County Sheriff's Office, P.O. Box 4115, Sarasota, Florida, 34230. Former Victim Witness Specialist, APRI's National Center for Prosecution of Child Abuse.
2 For the purpose of this article, Victim Advocate applies to all the dedicated professionals employed in prosecutors offices, law enforcement agencies and non-profit organizations that provide services to victims of crime. In some jurisdictions they may be referred to as Victim Assistance Coordinators or Victim Witness Specialists, or other similar titles. They may also have varying job responsibilities.
3Debra Whitcomb, Gail S. Goodman, Desmond K. Runyan, and Shirley Hoek, The Emotional Effects of Testifying on Sexually Abused Children, Research in Brief, National Institute of Justice, April 1994, NCJ146414.
4 For a discussion on children and communication, see John E. B. Myers, Gail S. Goodman, and Karen Saywitz, Psychological Research on Children as Witnesses: Practical Implications for Forensic Interviews and Courtroom Testimony, 27 Pacific Law Journal 1, 52 - 59 (1996).
5 For guidelines on using interpreters with children see Matt Hardy; Ten Tips on Using Court Interpreters in Child Witness Cases, Update, APRI's National Center for Prosecution of Child Abuse, Volume 11 Number 12 (1998).
6 For a discussion on the importance of maternal support, see Gail S. Goodman, et. al., Emotional Effects of Criminal Court Testimony on Child Sexual Abuse Victims, final report submitted to the National Institute of Justice under Grant No. 85-IJ-CX-0020, 1989.
7 For a discussion on abusive relationships generally see Mary E. Asmus, Tineke Ritmeester, Ellen L. Pence, Prosecuting Domestic Abuse Cases in Duluth: Developing Effective Prosecution Strategies from Understanding the Dynamics of Abusive Relationships, 15 HAMLINE L. REV. 115, 121 (1994).
8 Suffolk County, Massachusetts District Attorney's Office - Victim Assistance Program, New Courthouse, 6th Floor, Boston, MA 02108.
9 Court School is a formalized, group approach to familiarizing children with the judicial system. It is most common in larger jurisdictions where it is more efficient to present court orientation to a group due to a large volume of cases. For additional information, see Martha J. Finnegan, Creating and Administering a Kids Court Program, 13 Update, No. 5 (2000).
10 Call APRI's National Center for Prosecution of Child Abuse (703) 739-0321 for information on these examples.
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