Psychological Support During Child Sexual Assault Legal Proceedings
Are you facing the court system after child sexual assault?
If your family has decided to go to court, then the next step can be a tricky one. Between legal proceedings, testifying, and processing the assault, many families don’t know where to turn for support.
Let’s get real…
Psychological support during court cases is not just helpful – it’s vital. With the right team in place, kids can go to court and preserve their mental health and well-being.
You’ll learn:
- Why Psychological Support During Legal Proceedings Is Vital
- How Therapy Can Help During the Legal Process
- Types of Support Systems For Young Survivors
- What the Legal Team Should Look For In Mental Health Professionals
Psychological Support During Court Proceedings
Sexual assault cases involving children require a different kind of legal approach. The latest data shows that only 12% of assaults are reported to the authorities. For families that come forward, there needs to be extraordinary levels of support to make it to the end.
Hold up, there’s more…
Court proceedings can be just as traumatizing as the actual incident. That’s why it’s important to work with a child sex abuse lawyer in Los Angeles who has experience working with children and trauma. Specialized attorneys work hand-in-hand with mental health professionals to ensure kids get the care they need, while also building an airtight case.
The statistics are startling. Over 60,000 children in the U.S. face sexual abuse every year, and each one of those kids needs and deserves comprehensive support throughout the legal process.
Therapy During Legal Proceedings
Therapy plays a dual role during legal proceedings. For one, it is essential to the healing process for a young survivor that is learning to work through trauma. On the other hand, the work done during therapy sessions can make a child’s case stronger.
Wait, what?
Therapy session confidentiality is protected by law. For the most part, therapists cannot be made to testify about what occurs in sessions, and exceptions are rare. Confidentiality exists for the specific purpose of making sure children have a safe space to heal without their words being used against them later.
Attorneys and judges know this. They are aware that healthy and supported children make better witnesses. Children who have access to professional psychological support are able to take part in legal proceedings without unnecessary re-traumatization.
Types of Support Systems
Testifying in court can be a terrifying experience for adults. The idea of walking into a courtroom as a traumatized child can send anyone into panic mode. That’s why systems have been put into place to ease the anxiety of the court environment for kids.
Check out some of these support options:
Support Persons: In most states, children are allowed to have a support person during testimony. This person could be a parent, therapist, or someone else who has received special training to accompany young witnesses. Federal law even guarantees children the right to have emotional support during judicial proceedings.
Therapy Animals: Therapy dogs are now allowed in many courtrooms to accompany child witnesses. Dogs can help kids reduce anxiety and stress. At least 17 states have laws related to allowing facility dogs for witness support.
Comfort Items: Courts allow children to hold small objects for comfort when testifying. Stuffed animals, fidget toys, and other items can help children stay calm and focused while in court.
Closed Courtrooms: Judges in sensitive cases can limit courtroom attendance when a child is testifying. This not only protects the child’s privacy but also limits the stress of testifying in front of a room full of strangers.
Mental Health Professionals & Legal Proceedings
Mental health professionals have several roles to play when it comes to child sexual assault cases. Not only do they provide much-needed therapy and support for the child involved, they also play a supporting role in the legal process.
Did you know…
Therapists who work with children involved in the court system require specialized training. They must be well-versed in both trauma-informed care and knowledge of how the legal system works. This type of training ensures they can support children effectively without undermining the legal process.
The right therapist can help a child understand the court process and reduce the fear of the unknown. They can also provide coping skills for kids to manage stress during the proceedings. Therapists are also there to work with the legal team to ensure the child’s psychological needs are being considered throughout the process.
But remember – their number one goal is the child’s well-being and therapy, not coaching testimony. The relationship between a child and their therapist is sacred and should not be used as a tool for legal leverage.
Trauma-Informed Court Practices
Trauma-informed judges, district attorneys, and defense lawyers all lead to the best legal outcomes for child sexual assault survivors. Courts around the country are beginning to implement trauma-informed practices that recognize how trauma changes the way children think, feel, and behave.
Judges with an understanding of trauma will know that a child’s behavior in court may not be indicative of their truthfulness. Kids who giggle or don’t show expected emotions aren’t necessarily lying – they could be exhibiting a trauma response. These trauma-informed judges will recognize these types of behavior and understand that they’re not necessarily signs of deceit.
District attorneys and defense lawyers are also receiving trauma-informed training. The training teaches them how to phrase questions in a developmentally appropriate way and not to use questioning tactics that may be confusing or re-traumatizing to young witnesses. Some courts and jurisdictions even have dedicated legal teams that only work child abuse cases.
Working With Your Legal Team
The relationship between mental health support and legal representation should always be a collaborative one. Your attorney needs to know the type of therapeutic work being done with the child, and your child’s therapist needs to know the basics of the legal process.
But here’s the clincher…
Collaboration should never come at the expense of the child’s therapeutic relationship. The bond between a child and their therapist is sacred and should not be breached in the name of legal strategy. Any attorney that you work with should understand this and have protocols in place to respect that boundary.
When searching for legal representation, look for attorneys that have experience with child sexual assault cases and that demonstrate an understanding of a child’s psychological needs. They should be able to explain to you how they plan to work with mental health professionals while also protecting your child’s best interests.
Preserving Long-Term Mental Health
Legal proceedings end eventually. Therapy and mental health support for a child doesn’t. For that reason, it’s so important to get the right psychological support in place as early in the process as possible. Children who receive continuous therapeutic support throughout the legal process tend to have better long-term outcomes.
The goal is not just to get justice, but to help the child move forward with their life. Every decision made during legal proceedings should be done with the child’s immediate and future mental health in mind. Parents and caregivers play a part here too. When push comes to shove, protecting your child’s mental health may mean making hard decisions about how to move forward with a case or even when to accept certain outcomes.
Final Thoughts on Child Support in Legal Proceedings
Psychological support for child sexual assault cases in legal proceedings is not a “nice-to-have.” It’s necessary for both justice and the well-being of the survivor. The legal system is slowly catching up to this truth and making changes to incorporate trauma-informed care.
To the family going through this now – don’t feel like you have to choose between justice and your child’s mental health. With the right team of legal and mental health professionals, you can pursue both. Look for experienced trauma-informed attorneys who understand the importance of mental health support, as well as therapists that understand the legal process.
Every child deserves to be heard, believed, and supported throughout legal proceedings. With comprehensive psychological support in place, young survivors can navigate the legal system while beginning their healing process. The journey isn’t easy, but with the proper support systems, children can heal and move toward a healthier, safer future.
