Reporting abuse takes a lot of courage but is essential for the victim and may help to ensure that the abuser cannot harm anyone in the future. This article outlines the stages of reporting abuse.
Reporting Abuse
It is important that abuse is reported so that an abuser cannot go on to abuse other people. However, for those affected by the abuse, reporting what has happened to them can be extremely daunting. If they are reporting the abuse a long time after it occurred, they may feel that the police, or others, will not believe them. Others may feel that they were responsible for the abuse and they will therefore not be helped. As a therapist, it is vital that you do not ask the client inappropriate or leading questions about the abuse they have suffered, or cause them undue pressure in discussing what happened. You must be aware of any organisational or legal procedures related to your work, as these actions can have an adverse effect on the use of evidence in future investigations.
After a person has reported the abuse to the police, they may be given a ‘Victims of Crime’ booklet (see resources), which will explain the process of what will happen next. The victim may also be put in touch with a
support agency, such as ‘Victim Support’ who will be able to provide emotional support during the time which follows.
The time following the report of the abuse may be difficult for the victim as the police will need to gather evidence. In some cases, if the abuse has happened fairly recently, the victim may be asked if they would undertake a medical examination in order to help the police further with their investigation. In addition to this, a statement will also need to be made which, once written, the victim will be asked to check for any errors and then sign to confirm its accuracy. Being interviewed in order to give this statement can be extremely distressing, as it requires the victim to recount everything that has happened to them. It is therefore perfectly acceptable for them to request a break during the interview if they feel the need.
The victim, however, will not need to attend court if the defendant (the abuser) pleads guilty to the offence(s) they are charged with. If however, they deny an important aspect of the offence, or plead ‘not guilty’, the victim will more than likely be asked to give evidence at the trial.
Before Court
If the victim has been asked to give evidence in court, the police will probably provide them with a ‘Witness in Court’ leaflet (see resources) which will explain what will happen. The majority of cases are usually heard in a Magistrates’ Court; however, more serious cases are required to be sent to the Crown Court, in which the trial will be heard by a jury. If the victim feels that it would be beneficial, they can request to see the court prior to the trial, as some may find that this will make things slightly less daunting when the court date arrives.
Court
It is perfectly normal for the victim to find going to court a bewildering experience, particularly if they have not been to a court before and are therefore unfamiliar with what to expect. Many people also find giving evidence particularly difficult, as they once again have to talk about difficult aspects of the abuse they faced, in front of a number of people. Actually having to stand and accuse the person of abuse can also be particularly difficult. Cross-examination can seem to be a critical and humiliating process, and it is therefore vital that victims are aware of the support available to them should they need it, as well as the services available to their family and friends.
After Court
After court there are a number of sentences which can be given, which include community sentences, prison and fines. The type of punishment received is dependent on a wide range of factors, including the offenders age, criminal history, whether they pleaded ‘guilty’ or ‘not guilty’ in the case, and whether they have shown any remorse for what they have done.
Prison
The majority of prisoners do not serve the whole of their sentence in prison, and their release is dependent on the length of the sentence they were given, the amount of time they spent in prison before their sentencing, and if they have passed a risk assessment allowing them to be released on licence or Home Detention Curfew. If a victim is worried that their abuser will try to contact them by either letter or telephone whilst they are in prison, it is important that they contact the Prison Service Victim Helpline to voice their concerns. Further concerns which should be raised with this service include what will happen if the abuser is released on a temporary licence or allowed home leave.
Probation Contact
If the abuser has been given a sentence of one year or more due to committing a violent or sexual crime, the victim will be asked by the probation service whether or not they wish to be kept informed about the release of the offender and any other arrangements, including the conditions of their release. If the victim is concerned that the offender may try to contact or come near them after their release, they can request an injunction from the civil courts preventing this.
This article has been put together by the distance learning organisation Start Learning who are experts in home study. If you want to find out more about Community Mental Health and Psychiatry or many other distance learning courses please browse their website: http://www.start-learning.co.uk
A good way to find out more about Community Mental Health and Psychiatry is to sign up for a distance learning course on the subject. By studying in your free time and pace, you can gain the necessary knowledge while tailoring it to suit your schedule.
Kerrana McAvoy
Academic Director – Start Learning
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