Treatment of Child Victims In the U.S. Criminal Justice System Judge Tom C. Rawlings Juvenile Courts Middle Circuit Sandersville, Georgia (478)

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 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 Development

Major Crimes: Sex Offenses Child Molestation:5-20 years Child Molestation:5-20 years Aggravated Child Molestation: 25-Life Aggravated Child Molestation: 25-Life Enticing a Child for Indecent Purposes Enticing a Child for Indecent Purposes Child Pornography and Internet Crimes Child Pornography and Internet Crimes Statutory Rape: years Statutory Rape: years Exceptions for younger offenders Exceptions for younger offenders

Major Crimes: Sex Offenses Sex Offender Registration Sex Offender Registration Work and Living Limitations Work and Living Limitations Civil Commitment Civil Commitment Mandated Therapy Mandated Therapy

Major Crimes Cruelty to Children: Cruelty to Children: 1 st degree, intentionally causing mental or physical pain, or willfully depriving of sustenance to extent child’s health or well- being is endangered: 5-20 years 1 st degree, intentionally causing mental or physical pain, or willfully depriving of sustenance to extent child’s health or well- being is endangered: 5-20 years 2 nd degree, criminally negligent: 1-10 years 2 nd degree, criminally negligent: 1-10 years 3 rd degree, exposing to domestic violence: misdemeanor but repeat offenses may be a felony 3 rd degree, exposing to domestic violence: misdemeanor but repeat offenses may be a felony

Major Crimes Reckless Abandonment: years Reckless Abandonment: years Willfully abandoning child who dies Willfully abandoning child who dies Contributing to the Delinquency or Deprivation of a Minor: Contributing to the Delinquency or Deprivation of a Minor: Misdemeanor, but repeat offenses punished more severely Misdemeanor, but repeat offenses punished more severely

Protection During Investigation Primary concern: Preventing further trauma to child Primary concern: Preventing further trauma to child Cornerstone method of interviewing Cornerstone method of interviewing Physical exams Physical exams Child-friendly environment Child-friendly environment Non-leading questions Non-leading questions

Protection During Court Proceedings Problems: Rights of Defendant, Right of Public to Access Trials Problems: Rights of Defendant, Right of Public to Access Trials Child Hearsay Rule Child Hearsay Rule Ability to testify outside view of defendant Ability to testify outside view of defendant Confrontation clause concerns Confrontation clause concerns Discretion of Judge to Close Hearings Discretion of Judge to Close Hearings Victim-witness assistance Victim-witness assistance

Post-Crime Services Social Workers Social Workers Non-Profits Non-Profits Counseling Counseling Victims’ Compensation Funds Victims’ Compensation Funds