11.07.2015 Views

Under the auspices of/Sous l'égide de - International Academy of ...

Under the auspices of/Sous l'égide de - International Academy of ...

Under the auspices of/Sous l'égide de - International Academy of ...

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

5113. Children and Sexual Abuse13.1. Determining <strong>the</strong> Verite <strong>of</strong> Childhood Sexual Abuse: <strong>the</strong> Problems for Courts,Clinicians and Law EnforcementMark J. Mills, Columbia University (mjmills@forensicsciences.com)As allegations <strong>of</strong> child sexual abuse/exploitation have become more frequent (and to some extent morecredible), it has become necessary for <strong>the</strong> law to <strong>de</strong>velop acceptable methods to investigate such abuse.Interviews by clinicians and/or law-enforcement <strong>of</strong>ficials can easily distort childhood memories <strong>of</strong> whatoccurred and may complicate psychological recovery. This presentation examines a variety <strong>of</strong> troublesomeissues involving abused/exploited children from <strong>the</strong> perspectives <strong>of</strong> clinicians, attorneys and courts.Clinicians are typically most interested in helping <strong>the</strong> victim work through <strong>the</strong> experience and lessinterested in <strong>the</strong> verity <strong>of</strong> what occurred. Law enforcement typically takes <strong>the</strong> opposite tact: mostinterested in what actually occurred to bring perpetrators to justice and less interested in <strong>the</strong> clinical impact<strong>of</strong> what is assumed to be reasonable inquiry. Courts try to balance <strong>the</strong>se two interests—bringingabusers/exploiters to justice while wanting to ensure that child testimony, if it occurs, is brief and notharmful to <strong>the</strong> child. In <strong>the</strong> “real world”, <strong>of</strong> course, <strong>the</strong> lines blur. What is difficult in <strong>the</strong> U.S. judicialsystem is that <strong>the</strong> accused has <strong>the</strong> right to confront <strong>the</strong> accuser—a principle that makes sense for two adults,but may be very difficult when <strong>the</strong> victim is a child and even gentle cross examination may compound <strong>the</strong>psychological sequelae <strong>of</strong> <strong>the</strong> original event. These issues are ma<strong>de</strong> more complex by parents whooverreact to routine physical and sex play between children. More difficult still are <strong>the</strong> differences ininternational law that attempt to regulate such matters across international bor<strong>de</strong>rs. These matters and morewill be discussed by <strong>the</strong> panel and <strong>the</strong> audience.13.2. Bor<strong>de</strong>rs, Boundaries, & Barriers: Cross-Cultural Legal Issues in <strong>International</strong>Cases <strong>of</strong> Child Sexual AbuseDelissa A. Ridgway, U.S. Court <strong>of</strong> <strong>International</strong> Tra<strong>de</strong>, New York, USA(<strong>de</strong>lissa_ridgway@cit.uscourts.gov)Cases <strong>of</strong> child sexual abuse/exploitation have always implicated physical and psychological boundaries.But, increasingly, <strong>the</strong>y cross geographic boundaries as well. In today’s globalized society, clinicians,courts and legal counsel around <strong>the</strong> world are beginning to grapple with <strong>the</strong> unique challenges <strong>of</strong>investigating and prosecuting cases that span more than one country. This presentation will survey some <strong>of</strong><strong>the</strong> complex cross-cultural issues that may be raised in such cases – ranging from linguistic barriers anddiffering psycho-social mores and taboos, to wi<strong>de</strong> variations in legal standards and procedures on matterssuch as <strong>the</strong> rights <strong>of</strong> all interested parties, proper investigative and interrogation techniques, <strong>the</strong> requisitebur<strong>de</strong>n and quantum <strong>of</strong> pro<strong>of</strong>, admissibility <strong>of</strong> testimony and o<strong>the</strong>r evi<strong>de</strong>nce, <strong>the</strong> role <strong>of</strong> mental healthpr<strong>of</strong>essionals, statutes <strong>of</strong> limitations, and disparate approaches to punishment and/or treatment <strong>of</strong> <strong>of</strong>fen<strong>de</strong>rs,as well as issues <strong>of</strong> international judicial cooperation.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!