Child Advocacy - Child Abuse Services:

About Child Abuse

Provide safety, love and support. Let the child know it is okay to cry or be upset or angry. Make sure your child understands that it is not his or her fault. Don’t coach or pressure your child to talk about things. Give them the time and the space that they need. They will talk when the time is right for them.

Some things you can say that will really help your child:

I believe you. I know it’s not your fault. I am so proud that you told, that was a very brave thing to do. I am sorry that this happened to you. I will take care of you. I am not sure what will happen next. Nothing about YOU made this happen. It has happened to other children too. You do not need to take care of me. I am upset, but NOT at you. I am angry with the person who did this. I am sad. You may see me cry. That’s all right. I will be able to take care of you. I am not mad at you. I do not know why he/she did it. He/she has a problem. You can still love someone but hate what he or she did to you. You are not to blame for anything.He/she did the bad thing, not you.

Some things you can do:

• Return to a normal routine as soon as possible.
• See that your child receives therapy as soon as possible. Trying to ignore the problem usually causes more difficulties and will not make the problem go away.
• Find help, counseling for yourself and your family. You do not have do it all yourself.
• Teach your child the rules of personal safety. Tell them what to do if someone tries to touch them in an uncomfortable way.
• Be careful not to question your child about the abuse. If you do, you could jeopardize the case in court against your child’s abuser. Specially trained professionals will interview your child to obtain the necessary information without harming the case or further traumatizing your child. If your child wants to talk about it, listen and be supportive, but do not probe.
• Avoid discussing the case with other victims or their families.
• Never coach or advise your child on how to act or what to say to professionals or investigators. This could seriously damage the case and confuse and upset your child.
• Avoid the suspect. Have no contact with him/her.
• Your child may need an extra sense of physical security. Stay close, assure your child that you will keep them safe. Understand their needs or unusual requests for things like nightlight's, leaving the bedroom door open, and a need for physical closeness to you.
• Remember to give attention to your other children. Explain to them that they are ok, that something bad has happened to the abused child but that you will keep all of them safe.

Facts about the Investigation

The basic steps of an investigation of child abuse:

• Someone reports a suspicion of abuse to the authorities, either law enforcement or the Department of Social Services (DSS). Many professionals that interact with children, including teachers, doctors, and police officers, are required to report any suspicions of child abuse. DSS cooperates with the law enforcement community by notifying the police and the District Attorney’s Office of such reports so that an investigation may begin.
• The child will be interviewed. The interview may take place at Children’s Cove, a child advocacy center. The interview will be conducted by a specially trained child-interviewing expert. The interview will take place in a child-friendly room, with child size furniture and furnishings. The interview will be monitored by the police, DSS and other interested parties such as medical personnel behind a one-way mirror. This procedure allows the child to be interviewed only once and not repeatedly by each agency. The group of professionals involved is called the SAIN (Sexual Abuse Intervention Network) Team. If a child is unable to be interviewed, the case could be put on hold until the child is able to be interviewed. This determination would be made by the SAIN Team, the parents and other professionals (such as therapists.)
• Specialized medical examinations will be conducted if necessary.
• The police and DSS will continue the investigation, interviewing other witnesses, including the alleged offender, if possible.
• When the investigation is complete, the various involved group of professionals will decide how to manage the case. Involved professionals could include the District Attorney’s Office, doctors, police, social workers and mental health professionals.
• DSS will review their investigation and decide upon a plan for managing the case.
• The District Attorney’s Office will review the investigation results and determine whether or not sufficient evidence exists to begin a criminal action against the alleged offender.

Preparing your Child for the Medical Exam

The purpose of the medical exam is to:

• Ensure the health and safety of your child,
• Reassure the child that everything is ok with their body,
• Diagnose and treat medical conditions related to the abuse,
• Document significant physical and forensic findings.

What to expect:

The exam will be conducted on-site by a Nurse Practitioner with special expertise in the examination of abused children. A general head to toe physical exam will be conducted, including inspection of the genital and anal areas. The Nurse Practitioner may use a colposcope to assist with the exam. The colposcope has a magnifying devise and a camera to allow optimum visualization of scars, injuries and to ensure accurate documentation and interpretation of the physical findings. The exam is generally not painful. No shots or blood tests are administered. If there is a concern about STD’s (infections that can be transmitted by sexual activities) a small swab may be gently inserted into the child’s throat, anus or vagina, much like a culture for strep throat.

Expect the exam to take about one hour.

What to tell your child:

It is best to prepare your child for the examination prior to coming for the appointment. Honest and simple explanations are the best. They will be coming to see a Nurse Practitioner who will be checking them to make sure they are healthy, much like a well child exam in their regular pediatrician’s office. Everything we do will be explained to the child in detail before anything is done, including a demonstration of how the colposcope works. They will be allowed to have a person of their choice in the exam room with them. The exam is not painful, no shots are given. The exam is necessary and important, but the child may stop the exam at any time if they become uncomfortable.

Explain that they will have their "private parts" checked, as they may need time to get used to this idea.

Tips for making the exam successful:

Hungry and tired children get frustrated easily. Be sure your child has had a chance to eat and rest. You may bring a snack along if you wish. Bring a favorite toy, blanket or anything else that makes the child feel at ease when they are away from home. It helps to bring a friend or relative along to entertain the child or watch them when the staff needs to talk to you alone. Children are very sensitive to what their parents and caretakers are feeling. Your positive attitude, support and encouragement will help the exam go smoothly and quickly.

The Legal System

It is very difficult to predict what will happen for you and your child after the report has been made and the case is in the legal system. Sometimes the chance to speak up about what happened can be a good thing for a child-whether or not the abuser is convicted. Many children are relieved to think that someone more powerful will tell the abuser that he/she was wrong. For other children, however, the events following the report can be scary.You can make the process easier for your child by working with and not against the authorities. The legal system may be able to protect your child from future unsupervised contact with the offender. Working through the legal system is also a way to keep other children safe, because many offenders abuse more kids than those they have actually been caught molesting. In addition, most offenders do better in treatment with the force of the legal system behind them. It is a powerful way to hold the offender accountable for what he/she has done.

The legal process is complex, and can be confusing at times. To help guide you through it, the District Attorney’s office will usually assign a Victim Witness Assistant to you and your case. This person will help you through this difficult period and be available to answer your questions, explain the types of victim assistance and services for which you may be eligible. Also, your Victim Witness Assistant (VWA) will serve as your direct liaison to the District Attorney’s office and the particular attorney assigned to prosecute your case. Once the investigation in your case is completed and your case is received in the District Attorney’s office for prosecution, you will be notified of who your Victim Witness Assistant (VWA) is. Please contact your VWA as soon as possible and he/she will be happy to assist you throughout the entire court process.

How the Legal System responds to Child Abuse

The legal system can be confusing and frightening to children and families. Part of this confusion stems from the fact that two different "legal systems" can be working on the same case at the same time. These two systems are the "criminal" system and the "civil" system. In addition, there are two different court systems that can work on a child abuse case: Criminal Court and Probate Court. Both courts may work on the same case at the same time, but they have different purposes.The Criminal Court is concerned primarily with guilt or innocence of the accused and often uses a trial to decide on the suspect’s guilt or innocence. The criminal trial focuses on issues such as:

1. Is there evidence to prove the child was abused?
2. What illegal acts occurred? Was there a confession?
3. If proven guilty, what punishment should the offender receive?

The Probate Court is concerned primarily with the safety of the child and focuses on issues like custody, supervised visitation and counseling. A number of different court hearings can be held to decide these issues. The decisions in the civil system do not depend on whether the criminal court finds guilt or not.

The Court Process

The District Attorney’s Office decides if there is sufficient evidence to proceed with criminal charges based upon the evidence discovered through the investigation and input from the SAIN Team. If there is insufficient evidence, or the victim is not in a position to continue with the court process, a decision may be made not to go forward with the criminal charges. This does not mean that the case could not be revisited in the future if the circumstances change.

Should the District Attorney’s Office decide to take out criminal charges, there are two separate options available: the District Court or Superior Court.

District Court

The District Court deals will all misdemeanors and a few felonies. A felony is a case that carries with it the potential of state prison incarceration. The case may be resolved in District Court, or a Probable Cause Hearing may be held. If the case is resolved in the District Court, it may be:

Heard by a Judge. The judge would then decide whether or not sufficient evidence was produced that proves the defendant guilty of the charge(s) beyond a reasonable doubt

Heard by a 6-member jury (usually with one alternate) who deliberate and decide whether or not sufficient evidence was presented on behalf of the Commonwealth of Massachusetts by an Assistant District Attorney to prove that the defendant was guilty. The Defense Attorney represents the defendant’s interests.

Resolved without a trial, if the defendant admits that he/she committed the crime(s).

From District Court, a defendant may be sentenced up to 2 1/2 years in the County House of Correction.

Superior Court

The Superior Court may hear any case, but mostly deals with felonies, cases where the potential penalty includes the possibility of incarceration in State Prison. The Grand Jury is the way that most cases come to be heard in Superior Court. The other way is by a Probable Cause Hearing in District Court that then brings the case to the attention of the Grand Jury.

The Grand Jury is a group of 23 people from the community. Thirteen members of the Grand Jury must vote that there is reason to believe a crime was committed and that the defendant committed the crime. This is the same as a standard Probable Cause Hearing. However, every case must be presented to the Grand Jury before it can be brought into Superior Court, even if it is there by way of the Probable Cause Hearing. In other words, even if a District Court Judge found probable cause, the case must still be presented to the Grand Jury.

If thirteen or more members of the Grand Jury find reason to believe that a crime was committed and that the defendant committed the crime, a True Bill is returned and the defendant is indicted and brought before the Superior Court. If the Grand Jury does not find reason to believe that a crime was committed and that the defendant committed the crime, a No Bill is entered and the criminal case ends.

The Probable Cause Hearing:

At a Probable Cause Hearing, a Judge in the District Court will determine if there is enough evidence to show that it is more likely than not that

After a Superior Court indictment or a District Court complaint (depending on the charges), the case proceeds through the discovery phrase. This is where the defense files motions to obtain information from the Government. With child abuse cases, this can be a long process because the defense may seek to access counseling records of the victim. The District Attorney’s Office generally objects to this, and a Judge must intervene and decide what, if any, records become available to both sides. Even if a Judge rules that the attorneys may see some record, a further hearing is still required for the Judge to decide whether a defense attorney will be allowed to use any part of these records at trial. This process could take up to one year.

When the case is marked for trial, the victim will need to be present for that trial, regardless which court the trial takes place in. The District Attorney’s Office has a Victim/Witness Assistance Unit that provides a safe place away from the defendant for the victim and family members and friends to wait until it is time for them to testify. The Victim/Witness Assistant and the Assistant District Attorney will do everything they can to make the criminal justice experience as comfortable as possible for the victim and members of the victim’s family. As mentioned earlier, a case may be resolved without a trial. A defendant may admit to the crime. This can be done whether the District Attorney’s Office agrees with what the defendant hopes for as a sentence. The Government cannot stop a defendant from changing his/her plea. The plea may be agreed upon- this is when the Commonwealth and the defendant agree what the sentence should be, or un-agreed upon, when the defendant and the District Attorney’s Office do not agree upon the proposed sentence.

The District Attorney’s Office makes the government’s recommendation on the sentence. The victim and/or family are usually consulted and informed what the recommendation will be. At the time of a change of plea, and before any sentence is imposed, the victim (and their parents if the victim is a minor) has a right under Massachusetts law to address the Judge to tell the court what their feelings are about the sentencing, and about the impact that the crime has had upon them. It is then up to the Judge to decide what the sentence will be. After a conviction, a defendant may receive jail/prison time, probation, or a combination of both. The probationary period may also require counseling. A conviction for child molestation requires that the defendant register as a sex offender, no matter what sentence the defendant receives.

If the defendant wishes to change his/her plea, the following are some of the factors that would be considered by the Assistant District Attorney in formulating the government’s recommendation for sentencing:

The psychological/emotional impact on the victim The ability of the victim to testify The seriousness of the offense The strength of the evidence (such as witnesses, physical/medical evidence, etc.)

Whether the defendant had a record of similar offenses.

The Assistant District Attorney considers these factors in deciding what a just and fair recommendation should be made by the Commonwealth.

No matter how the case is resolved, it is important to remember that your child and family may need some help in dealing with the after-effects of your experience.

The Probate Court Process

If a report of abuse is made against a parent, step-parent or someone who has a lot of contact with the child, the Department of Social Services (DSS) worker will talk to the non-offending parent about a plan to protect the child. For the child’s safety and the best interest of everyone involved, the alleged offender will be asked to leave the home. If the non-offending parent is unwilling or unable to ask the offender to leave the home, the DSS worker must find the child a safe place to stay. If the child is giving believable details of abuse and/or there is medical evidence of abuse and the non-offending parent does not believe the child and does not keep the offender away, the DSS worker may determine that the child is in danger of further abuse and remove the child from the parent’s custody. If this happens, the following steps will be taken:

1. A Care and Protection hearing will occur in Probate Court within 72 hours. The Parents have a right to have an attorney, and the court will appoint an attorney for the child or a "guardian ad litem". DSS will also have an attorney there. The Judge will make one of the following decisions:

2. If the child stays in DSS custody or with a relative, DSS will work with the non-offending parent to try to make the home safe for the child to be returned. The issue of keeping the offender away from the child has to be settled. DSS will also provide supportive services to help the non-offending parent protect the child.3. A "temporary legal custody" hearing will be held, usually within 3 months. The Judge will hear the facts and make a decision on where the child will live.4. If the child cannot be returned home, DSS will continue to work with the family to try to find a safe way for the child to go home. As long as the child stays in DSS custody, the Judge will review the case every 3 months. This will continue until the Judge decides to return the child home or terminate parental rights.

3. When a child has been in DSS custody for an extended period and still cannot return home, DSS will begin to look at an alternative placement plan for the child. At this point, DSS might approach the Judge of the Probate Court requesting a plan of guardianship or adoption for the child.

Working with the system

The system is responsible for protecting children and holding offenders accountable. The more information and cooperation you can give to the Team of professionals working in the system, the better job they can do for your child and family on your case.Here are some basic tips for helping the Team working on the case:

Be calm and reassuring to your child. Don’t coach your child on what to say. It is important for your child ‘s disclosure to come out in his/her own words and in his/ her own time. Adult words spoken by a child can lead to confusion and possible mistakes that will harm your child’s case. Love support and protect your child at all costs. If the alleged offender is a significant person to you, it can be very difficult to balance your feelings for him/her with the need to protect your child. Remember that your child only has you to make healthy, protective decisions. When you are asked for information, try to provide as many facts as you can. Cases are built on the four W’s: Who, What, When, and Where. Don’t try to guess if you do not know the answer to a question. It is much better to say that you don’t know. Withholding information you might have will delay and harm the investigation. It may also seem like you are being less than honest with the facts that you do give. This does not benefit anyone and will hurt your child’s case. Your feelings are important. Feelings are valuable in giving investigators insight, so tell how you feel and why you feel that way. Although only facts are allowed in court, feelings and "hunches" can help give investigators ideas on how to proceed. You know your child the best. If something didn't’t seem right, tell the Team. Try not to overreact. It is a difficult time and emotions and fears may be running high. Losing control can hurt the case and overshadow the needs of the innocent victim- your child. Ask for help, tell your concerns and needs to Team members. Let them help you and your child by doing the best investigation and intervention possible. The last thing your child needs is for you or another loved one to get into "difficulties" by acting in an incorrect manner.

Cooperate. It may seem as if Team members are prying into your family’s personal matters and that any privacy you may have had has been lost. Team members will inquire only into those areas that are important and vital to the investigation. The sooner that Team members know those facts, the better it is for your child’s case and possible outcomes.

You may feel that team members do not care about your case. Investigators are skilled professionals who usually work exclusively in this area, and thus may not show a lot of emotion in front of your child and your family. Team members do care, and part of that caring involves remaining calm and objective in the face of extremely emotional situations.

Getting ready for court

If there is a trial, your Victim/Witness Assistant will take your child to the courtroom and show him/her around. You will also be involved in this process. Giving your child an early look at the courtroom and preparing him/her on what to expect can help to ease some of your child’s fears. These fears may include some of the following:

Limits of the Legal System

Always remember that the well being of your child should be your main concern. Don’t lose yourself in the legal system, because it is only one step in the process of your child’s recovery. The best advise is to enter the legal system without expectations, because the more you expect from the system, the harder the experience is likely to be.

Another important thing to remember: Day after day therapists who talk with adult survivors of child abuse hear them say "My parents didn't do anything about it." However, your child will never say that if you do everything you can do to help him/her understand that you will not tolerate abuse. This is very important.

Celebrate when it is over. No matter what the outcome, conviction or not tell your child it is over. You and your child did your best, worked hard and put a lot of effort and time into the matter. Celebrate a job well done.

How to tell your child about the legal outcome

It is best to be honest and direct with your child. How much you explain depends upon your child’s age and what he/she can understand. The most important thing is to let your child know that you are proud of them for being so brave.When the case is completed, you may feel let down or have a period of depression. It happens to most parents, even if the case ended in a positive way. If your child hears you express disappointment in the outcome of the case, they might think that you are disappointed in them. Instead of discussing your feelings in front of your child, find an adult friend or relative with whom you can share your feelings and frustrations.

Remember that you have done your best in trying to prevent further abuse and to hold the offender responsible for what he/she did to your child and your family. Even if the case has been closed without criminal action, you have done your very best for your child.

Some things to say to your child if the alleged offender is not held legally accountable.

"Just because they did not find _____ guilty, that doesn't’t mean that they did not believe you. It was just that the judge/jury had to follow the court’s rules. You may be wondering how someone can do something so wrong or against the law and not be punished. It doesn't’t make sense to me either. It doesn't’t matter what the court did. What matters is that you did what was right, you told about what happened to you, and that was very brave. You are safe. YOU did nothing wrong.

What to say to others

One challenge your family will face will be what to say to others about the abuse. Your child may feel embarrassed and/or responsible. If there is no publicity or public awareness, you can decide whom you tell. Let your child know with which relatives or friends you will be discussing it and let your child have some choice about who is told. Sometimes an extended family member is the first person to learn of the abuse. You may feel hurt that someone knew before you did. However, understand that your child may have been trying to protect you by disclosing the abuse to another person first. Your child may have felt that that person could tell you about the abuse in a less upsetting way than he or she could.

If you are especially close to your family, you will probably want to talk with them about your child’s abuse and how it has affected the family. It is important to keep in mind how these relatives usually react in stressful situations. Their reactions may include hysteria, horror, obvious distress, sincere concern, embarrassment, disgust, disinterest or unnecessary questioning for intimate details. If you know they will react in a negative way, you may not want to share information with them until/unless it becomes necessary to do so. It is important to maintain your child’s sense of privacy. On one hand, be careful not to make it a "dirty" secret, as this will cause your child additional anguish and shame.

Taking care of yourself

You are going through a very difficult time, and you probably feel pressured from many directions. Although you are trying to take care of a lot of other people, you also need to take care of yourself. Your well being is very important, so you need to find time to do something just for you and plan to do it regularly. This may be difficult to do, but it is in the best interest of you, your child and your family. Scheduling your own time and space will help you gain or regain a sense of your own identity. Take the time to nurture yourself. Here is a plan that may work for you:

• Schedule your self-care time (Exact time, date and place on your calendar.)
• Decide what you'll do.
• Tell anyone who needs to know that you will be gone for the time that you've set. Explain that this is your personal time and that you’you'll be back later.
• Take care of details, such as finding childcare, arranging transportation, etc.
• Enjoy Yourself.

Some suggested activities: Take a walk, have lunch with a friend, go to the movies, go out to dinner, join an exercise class, take a drive, and last but equally important, join a support group.