Treatment of Child Victims Treatment of Child Victims In the U.S. Criminal Justice In the U.S. Criminal Justice

SystemSystem

Judge Tom C. RawlingsJudge Tom C. RawlingsJuvenile CourtsJuvenile CourtsMiddle CircuitMiddle CircuitSandersville, GeorgiaSandersville, Georgia(478) 553-0012(478) 553-0012Tom@sandersville.netTom@sandersville.netwww.tomrawlings.com www.tomrawlings.com

• Brain cells form in first months of fetal life• Most brain cell connections are made in

the 1st year• Connections decline after this time to age

ten• The connections (synapses) grow and

change as a result of stimulation from the environment

Brain DevelopmentBrain Development

• Early, frequent, and intense stress tunes the brain to set stress regulation mechanisms at high levels. This often results in a child operating in a persisting fear state.

• Under Stress, the Brain• loses ability to take in subtle clues• reverts to “tried & true” behaviors• becomes more automatic & over reactive• is less able to use “higher order” thinking

skills• loses some memory capacity

Brain DevelopmentBrain Development

Major Crimes: Sex OffensesMajor Crimes: Sex Offenses

Child Molestation:Child Molestation: 5-20 years 5-20 years Aggravated Child Molestation: 25-LifeAggravated Child Molestation: 25-Life Enticing a Child for Indecent PurposesEnticing a Child for Indecent Purposes Child Pornography and Internet CrimesChild Pornography and Internet Crimes Statutory Rape: 10-20 yearsStatutory Rape: 10-20 years

Exceptions for younger offendersExceptions for younger offenders

Major Crimes: Sex OffensesMajor Crimes: Sex Offenses

Sex Offender RegistrationSex Offender Registration www.dcor.state.ga.us www.dcor.state.ga.us

Work and Living LimitationsWork and Living Limitations Civil CommitmentCivil Commitment Mandated TherapyMandated Therapy

Major CrimesMajor Crimes

Cruelty to Children:Cruelty to Children: 11stst degree, intentionally causing mental degree, intentionally causing mental

or physical pain, or willfully depriving of or physical pain, or willfully depriving of sustenance to extent child’s health or sustenance to extent child’s health or well-being is endangered: 5-20 yearswell-being is endangered: 5-20 years

22ndnd degree, criminally negligent: 1-10 degree, criminally negligent: 1-10 yearsyears

33rdrd degree, exposing to domestic degree, exposing to domestic violence: misdemeanor but repeat violence: misdemeanor but repeat offenses may be a felonyoffenses may be a felony

Major CrimesMajor Crimes

Reckless Abandonment: 10-25 yearsReckless Abandonment: 10-25 years Willfully abandoning child who diesWillfully abandoning child who dies

Contributing to the Delinquency or Contributing to the Delinquency or Deprivation of a Minor:Deprivation of a Minor: Misdemeanor, but repeat offenses Misdemeanor, but repeat offenses

punished more severelypunished more severely

Protection During Protection During InvestigationInvestigation

Primary concern: Preventing further Primary concern: Preventing further trauma to childtrauma to child

Cornerstone method of interviewingCornerstone method of interviewing Physical examsPhysical exams

Child-friendly environmentChild-friendly environment Non-leading questionsNon-leading questions

Protection During Court Protection During Court ProceedingsProceedings

Problems: Rights of Defendant, Right Problems: Rights of Defendant, Right of Public to Access Trialsof Public to Access Trials

Child Hearsay RuleChild Hearsay Rule Ability to testify outside view of Ability to testify outside view of

defendantdefendant Confrontation clause concernsConfrontation clause concerns

Discretion of Judge to Close HearingsDiscretion of Judge to Close Hearings Victim-witness assistanceVictim-witness assistance

Post-Crime ServicesPost-Crime Services

Social WorkersSocial Workers Non-ProfitsNon-Profits CounselingCounseling Victims’ Compensation FundsVictims’ Compensation Funds

www.cacga.orgwww.cacga.org www.cornerhousemn.org www.cornerhousemn.org