| 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. |
