Introduction to Pretrial Therapy

1
Introduction to Pre-trial Therapy

• Working with Child Victims of Sexual Crime

2
Concern has been expressed that witnesses, and in
particular child witnesses, have been denied
therapy pending the outcome of a criminal trial
for fear that their evidence could be tainted and
the prosecution lost. This concern may conflict
with the need to ensure that child victims are
able to receive, as soon as possible, immediate
and effective treatment to assist their recovery.
3
Existing guidance on provision of therapy for
child witnesses prior to a criminal trial

• The UN Convention on the Rights of the Child
• When adults or organisations make decisions
  which affect children they must always think
  first about what would be best for the child.
• Children too have the right to say what they
  think about anything which affects them. What
  they say must be listened to carefully.
• Working Together to Safeguard Children
  (Department of Health et al, 1999)
• Memorandum of Good Practiceon Video Recorded
  Interviews with Child Witnesses for Criminal
  Proceedings (Home Office and Department of
  Health)
• The Young Witness Pack (1998 2000)

4
GUIDANCE ON INVESTIGATING SERIOUS
SEXUAL OFFENCES 2005 Produced on behalf of
the Association of Chief Police Officers by the
National Centre for Policing Excellence
5
Support Processes

• Counselling
• This will address a number of issues, including
• the impact on the child of the abuse
• improving the self-esteem and confidence of the
  child
• providing the child with information with
  regard to, for example, abusive relationships.
  The aim of this is to enable the child to seek
  out assistance from a trusted adult if the child
  feels unsafe at some stage in the future.
• Psychotherapy
• This will address a number of issues, including
• treatment of emotional and behavioural
  disturbance, for example post-traumatic stress
  disorder
• treatment of a child who has been highly
  traumatised and shows symptoms which give rise to
  concern for the childs mental health.
• Both counselling and psychotherapy may require
  long term involvement with the child, depending
  upon the degree of the trauma suffered and the
  childs cognitive ability.

6
Support Processes

• Preparation for court
• Prior to the criminal trial work may be
  undertaken to prepare a child for the trial.
• The purpose of this work is to
• provide the child with information about the
  legal process
• address any particular concerns or fears which
  the child may have in relation to giving
  evidence
• reduce anxiety.
• The timing of the preparation for court is
  important. If it is carried out too soon before
  evidence is given, the childs anxieties may be
  increased. On the other hand, if it is carried
  out at the last minute the child may feel rushed
  and be unable to assimilate the information given.

7
(No Transcript)
8

• Exercise
• 3 Groups 15mins discussion
• 3 examples of offences Think about the young
  persons possible reactions and responses/police
  investigation outcomes/trial outcomes/consideratio
  ns for therapeutic work

9

• Scenario 1
• 16 year old girl disclosed a relationship with
  her teacher (partly consensual)
• Increased number of similar disclosures in the UK
  since 2003
• Only a small portion of similar cases go to court
  and there are only 7 cases known in the UK where
  the perpetrator received custodial sentence
• CPS are likely to drop this type of cases due to
  a lack of evidence

10

• Scenario 2
• 11 year old girl disclosed sexual assault by a 9
  year old boy
• Increased number of similar disclosures in the UK
  since over the past few years
• Due to the age of children involved, CPS are
  unlikely to start any court proceedings
• Children affected by this type of offence are
  likely to not receive any counselling or
  therapeutic support
• Lack of parental supervision and guidance is
  usually blamed for this kind of behaviour

11

• Scenario 3
• 15 year old girl disclosed sexual assault by a
  fellow pupil (also 15 years of age)
• An increased number of similar disclosures in the
  UK over the past few years
• The Police will proceed with investigation and
  are likely to press charges
• The CPS are likely to proceed with the court
  case, however the young offender is highly
  unlikely to go to receive custodial sentence
• The pupils school are highly unlikely to exclude
  either party during the investigation and court
  proceedings due to fear of discrimination

12
Other vulnerable groups of children and young
people

• Learning disabilities
• Looked after children (particularly those with
  attachment disorders)
• Children from deprived areas affected by poverty
• Children from large families
• Children with mental health issues
• Parents/carers with metal health issues
• Parents who experienced sexual violence
  themselves (particularly those with unresolved
  issues around this)
• Children affected by substance abuse
• Ethnic minorities

13

• New child protection measures to be introduced
• The government's report - Review of the
  protection of children from sex offenders -
  published in June 2007,  lists 20 actions that
  should be taken to strengthen laws protecting
  young people from sexual predators.
• Key points include
• piloting a new process allowing parents and
  guardians to request details of possible sex
  offenders
• requiring police and probation services to
  consider in each case whether a child sex
  offenders' conviction should be disclosed to
  protect children
• reviewing the use of satellite tracking to
  monitor high-risk sex offenders
• developing the use of drug treatment to reduce
  sexual drive in offenders
• piloting compulsory polygraph tests for offenders
  
• requiring more information from those on the Sex
  Offenders' Register - including email addresses,
  and information about their relationships
• promoting community awareness campaigns to
  educate parents about ways to protect their
  children from sexual predators

14
Additional Information

• http//www.homeoffice.gov.uk/crime-victims/reducin
  g-crime/sexual-offences/?viewStandard
• http//www.cps.gov.uk/publications/prosecution/pre
  trialadult.html
• Barnardos (1996) So, Youre Going to be a
  Witness. Barnardos, London.
• Dent H and Flin R (1992) Children as Witnesses.
  Chichester, Wiley.
• Department of Health, Home Office, Department for
  Education and Employment and the National
  Assembly for Wales (1999) Working Together to
  Safeguard Children A guide for inter-agency
  working to safeguard and promote the welfare of
  children. The Stationery Office, London.
• Department of Health, Home Office and Department
  for Education and Employment (2000) Framework for
  the Assessment of Children in Need and their
  Families. The Stationery Office, London.
• Home Office and Department of Health (1992)
  Memorandum of Good Practice on Video Recorded
  Interviews with Child Witnesses for Criminal
  Proceedings. The Stationery Office, London.
• Kazdin A E (1990) Psychotherapy for children and
  adolescents. Annual review of psychology. 41
  21-54.
• NSPCC and ChildLine (1998) The Young Witness
  Pack. NSPCC, London.
• NSPCC and ChildLine (2000). Giving Evidence -
  Whats It Really Like? NSPCC, London.

15
Additional Information

• Social Services Inspectorate and Department of
  Health (1994) The Child, the Court and the Video
  A Study of the Implementation of the Memorandum
  of Good Practice on Video Recorded Interviews
  with Child Witnesses for Criminal Proceedings.
  The Stationery Office, London.
• United Nations Convention on the Rights of the
  Child
• Utting W (1998) People Like Us. The Review of the
  Safeguards for Children Living Away From Home.
  The Stationery Office, London.
• Webster A, Palmer T and Hughes M. (In Press)
  Children Who Have Been Sexually Abused Therapy
  Before Evidence. Barnardos Research Paper.
• Electronic articles available on request.