This has been the summer of court. After almost 3 years at my job, many of my clients' cases have finally wound through the criminal justice system. Although I am a regular at Family Court (which is the best spot for people watching), Criminal Court is a totally different beast. In their infinite wisdom, the legal minds of South Carolina decreed that a victim of child abuse is required to testify in front of the perpetrator. Some other states allow a child to testify via closed circuit television or in chambers, but not South Carolina. You can imagine how intimidating that is to a child - not only do they have to take the stand in front of a jury, a judge, assorted lawyers for both sides, the court reporter, the law clerks, the baliffs, the expert witnesses, and whomever else is deemed to have a vested interest in the case, but also in front of the person who hurt them. And then they are expected to talk about the most intimate details of a traumatic event. Scary enough for an adult to do that, much less a child.
My first client to testify in criminal court was a 12 year old girl. She was amazing - calm and collected (on the outside at least) and completely believable, despite the defendant glaring at her across the room. Her case was a rarity because there was DNA evidence that the defendant had committed the crime. After she testified, the child and I were playing Hangman in a waiting area. The first word the child put up was "Survivor". And she is one. However, the jurors were not convinced by the preponderance of evidence and the jury was hung. Her case will eventually be retried and she will have to go through the agonizing ordeal all over again. Strike One.
My next client was a boy whom I have worked with for over a year and a half. He has touched my heart in so many ways, as well as leaving his mark on every employee of my agency. His case was filled with the type of abuse and torture that is beyond comprehension. War criminals are not tortured as brutally as this child was. As the court date approached and the realization set in that he would have to face the perpetrator for the first time in four years, the child could not handle it. He just could not do it. After agonizing discussions (and some crying) with the Solicitor, we all agreed that it was not in the best interest of the child to go forward with the case. We were afraid that testifying would cause him more trauma after he had worked so hard to heal from the abuse. The perpetrator accepted a plea bargain and has been released from prison. Strike Two.
Earlier in the summer, one of my 5 year old clients was required to testify, despite our strenuous objections. She is five years old. The expert witness for the defense helped to pick apart every statement she has ever made. Following her testimony, the case was continued. Last week, I testified on her behalf. Then, once again, the case was continued. There is no end in sight for this family, who has been devastated not only by the trauma, but by having numerous family and friends called in to testify for the case. And it is possible that the child will be called to the stand once again. Strike Three.
Our system is broken and bleeding, just like the victims that it tramples upon. While I was on the stand in my last case, the defense attorney attempted to indicate that I was biased by sneeringly asking me, "'Aren't you an adovcate for this child?" I proudly answered "Yes, I am." The better question is, "Why aren't you?" Why isn't everyone who has a child or knows a child or who was once a child, an advocate for children? Why are we re-traumatizing victims by forcing them to testify and then still not getting any results in making children safer? There are many cases with more positive results, but way too many that end up causing more pain to the child. It is so important for all of us to stand up and speak out, to be an advocate, and to be a voice for change.
I am currently writing to legislators and news sources about this issue and received special permission from the guardians of these children to discuss their cases.
We also learned that GSO does a joint venture with SC Children's Theatre and the spring performance will be "Where the Wild Things Are". Did they plan all these events with Max in mind?
