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Michael
was referred to me by the State Victims of Crime
Compensation Board. His case was not unlike
many abuse victims. He had been bounced from
one foster home to the next. His family of origin
had outright turned him away at age 11, stating
that he was "uncontrollable." In his
last stay in foster care, Michael was raped
repeatedly by the father of the home. By age
15, Michael had summoned up enough courage to
go to the police and file charges. Two years
later, and two months into our treatment, Michael
and I were informed that the Prosecutor was
dropping the case for lack of evidence. The
impact on Michael was overwhelming. Although
our work was focused on "walking"
into the fearful images/memories, and subsequent
acceptance and forgiveness, Michael was far
from ready to accept this most recent abuse.
To him, the State was announcing that they didn't
believe him or didn't care. His response was
anger, violence, indifference, and self-mutilation.
He informed me that there was no need for further
treatment, as he had decided to become "a
sniper for any government that will take me"
because he "wanted to kill."
Those of us who work with child
victims of abuse are constantly reminded of
the weaknesses in the foster care system. Perhaps
it's time to turn our attention to the legal
arena as well, and how it impacts our patients.
The system is filled with people
of good intention. Conversely, we must understand
that it is in fact a political system, and many
prosecutors with their eye on higher office,
will not take a case that is a potential loser.
With circumstantial evidence, interpretive medical
records, hesitant cooperative witnesses, and
intimidated victims, litigation becomes a 50/50
proposition - and that is just too close to
chance for many politically inclined prosecutors.
As the states continue to allow abusers to walk
free and continue their criminal activity, victims
are getting the message that coming forward
is not as helpful as we are attempting to have
them believe. Couple this with the incredible
fear that most abusers permeate in their victims,
and the potential for our society reverting
to the days when rape and other crimes of sexual
violence were hushed up begins to emerge as
a frightening and very real possibility. We
are, I am afraid, sending the message to both
victim and perpetrator that the law is impotent,
and that this most vicious of crimes is okay.
As for our patients, how can
we offer them a safe environment to be able
to express all of their innermost torments when
our efforts are being undermined by the surreptitious
innuendoes of a judicial system that is basically
implying that they are on their own? If, in
Michael's case, I were to report his homicidal
ideation, he would be picked up! The
insanity is layered with insanity. And, can
we honestly tell our patients that they, by
seeking revenge, are wrong if the only penalty
for their assailant is recourse by their own
hands? Ideally, we try to explain that what
happens to their abuser is not germane to their
finding peace within. It's not going to "fix"
their memory, flashbacks, nightmares, etc.,
and that their peace will come in acceptance
and forgiveness. But in the real world of the
victim, can we honestly look into their eyes
and tell them that they can and must continue
their life knowing that the person who so invaded
their emotional self is not going to be held
accountable? Isn't this another reinforcement
of the classic distorted belief by the victim
that he or she must be "bad" or in
some way deserved what happened to him or her?
I may have lost Michael. I'm
not sure. But I do know that if he comes back,
our work together has just taken on another
obstacle. In a mind so fragile and already filled
with confusion, the legal system has just heaped
on a bit more junk to be sorted through in search
of the evasive truth that is essential to heal.
©1999 by
The American Academy of Experts in Traumatic
Stress, Inc. |
