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Criminal Legal System: Pros and Cons
5WAVES are not attorneys and this is not legal advice.
Please visit the Find a Lawyer page for assistance.
Family relationships after sibling sexual trauma are difficult and complicated. Legal system involvement takes things to the next level. Individual and family needs for healing are often at odds with the legal requirements of the criminal justice system. It’s not unusual for family members to feel forced to choose between following legal advice and doing what they feel is best for mental health, relationships, or healing.
Possible benefits of reporting an offense and pursuing legal action
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Many survivors find it healing and empowering to tell their story to someone who affirms them, takes it seriously, and keeps it in a legal file, regardless of whether it leads to criminal prosecution.
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Once a report is made to law enforcement, the survivor becomes eligible for victim services such as state-sponsored counseling, compensation for losses, etc.
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If the person who caused the sexual trauma is still a juvenile, (the actual age varies depending on what they did and where it happened), reporting now may save them from being charged as an adult later on, and will allow them to get help sooner. (See US adult vs juvenile court systems)
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Supporting a survivor through the reporting process is a concrete way to show them that the harm which was done to them is being taken seriously.
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Even the possibility of criminal consequences can motivate the responsible party to face the depth of harm they have caused and overcome resistance to seeking therapy. If the possibility of conviction isn’t enough motivation, a sentence imposed by a judge may be necessary.
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Many therapy systems for offenders, whether outpatient, residential, or detention-based, are available only to those who have been sentenced by the legal system.
More Info on this Site
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Criminal Legal Basics (International)
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Should I Report? (Adult Survivors)
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Do I Have to Report? (Parents)
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Victims Rights (US)
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Victims Rights (UK)
Drawbacks or disadvantages to the criminal legal process
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Criminal convictions are rare in any case of child sexual abuse. (Source: RAINN) If a survivor reports in hopes of a conviction and sentence, a not guilty plea or verdict can leave them feeling doubly violated.
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The criminal legal system is slow, time-consuming, and can be very confusing.
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Systems designed to help and heal, including therapy and human services, may have to take a back seat to the requirements of the criminal justice system.
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Navigating the legal system takes at least some of the family’s focus off the harm that was done and the process of healing.
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The family may face the financial burden of paying for court-ordered evaluations or placement, hiring an attorney, or other legal expenses.
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Once someone gives their testimony to law enforcement, no matter how sensitive the place or manner, they lose control of what happens to that testimony. Their words can be misunderstood, questioned, or twisted by attorneys or authorities on either side.
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Survivors do not have the last word on legal decisions such as what charges to bring and what plea deal to accept. This can be re-traumatizing, given that loss of control is a critical part of the experience of being sexually violated.
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The criminal legal system is a blunt, slow, and imprecise weapon. Laws are written by politicians, not neurologists or child psychologists. Most laws that apply to sexual violations are based on assumptions about adult offenders. This may be in direct conflict with evidence-based approaches to intervention for juveniles.
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Even the best of laws are applied by investigators, attorneys, judges, probation and corrections officers. No matter how experienced or well-intentioned, they cannot avoid human susceptibility to bias and error.
Family Relationships and Legal Systems
​Dilemmas such as these are heartbreakingly common: ​​​
How do I apologize when my lawyer told me not to talk about It, or when I'm ordered not to contact my sibling?
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As parents, we want to know what happened so we know how to help both our children. But everything our children have said is “sealed” so it can be used as evidence. Why don’t we have a right to know?
Our daughter is really young; they want us to take her in for an exam to look for physical evidence but I'm afraid it will just traumatize her more. Do I have to make her do it? ​
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We want to get our kids into therapy ASAP, but law enforcement is telling us to wait until after their investigation is done, and we don't know how long that will be.
When I was a kid, I did stuff to my sister that I shouldn't have. Now my own daughter is that age, and the memories are eating me alive. If I tell someone, even a therapist, would they have to report me? What would happen then?
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My son told me he was sexually abused by his stepsister at their dad's house. I reported it but neither child would talk to police, so the case was closed. Now the court is saying I still need to send him there for visitation. How can I protect him?
Our son has admitted to police what he did to his brother and cooperated with the investigation. But I don't agree with how they are handling it and I think he needs legal representation. If we hire a defense lawyer for him, are we betraying our other son? Can we still interact with the victim services team if we have also talked to a defense lawyer?​
There are no easy answers. Every situation is different. The only available choices might be between bad and worse. The helplines above, as well as a local lawyer with experience in family law and sexual offenses are safe places to get reliable information to help you decide what is right for you. The peer support groups listed in the footer below, or a personal therapist, are good places to go for emotional support while facing the waiting, uncertainty, frustration, and fear that are often a part of dealing with legal systems.
Additional Resources
The Policewoman's Secret Interview with survivor Liz Roberts, Behind the Crimes podcast with Robert Murphy (55 min)
Kaylee’s Story, as told to RAINN.org
Hidden Water Circles: International Restorative Justice Process for those who have been harmed sexually, caused harm, and those who are parents, caregivers or partners of those who have been harmed or caused sexual harm