Victim Witness Research Articles

Narrative, Testimony, and Trauma

Elias Khoury's novel Bab el Shams (Gate of the Sun), which came out in 1998 symbolically marking fifty years to the Palestinian Nakba, is perhaps the most comprehensive narrative of this ongoing event. This fascinating novel has not yet received the scholarly attention it deserves. My suggested reading of the novel is inspired by and juxtaposed with Holocaust literature and what might be called ‘Holocaust related critical theory’. This reading, I contend, is invited by the novel itself and is pursued from the perspective of a Jewish Israeli Holocaust and trauma scholar. The main argument of this essay is that the novel deals with the unsettling conjuncture of the extremely destabilizing, traumatized and decentred testimony of the Palestinian victim–witness and the essential, collective Palestinian national epos that frames these individual traumatized narratives. The former inevitably undermines the latter while, at the same time, the latter collectively frames the former. These tensions, integrations and disintegrations form the core theme of Gate of the Sun. To put it differently, I contend that this novel is about the unsettling paradoxes of writing a polyphonic non-monolithic decentralized collective epos. This narrative of collective and individual traumas manages to unsettle old national structures and ultimately invites binational thinking.

Exploring stakeholders' perceptions of adult female sexual assault case attrition.

Objective: Previous research has documented both the problem of adult sexual assault case attrition and negative experiences for victims who pursue criminal justice responses. To date, most of this research has focused on calculating attrition statistics or examining juror or justice personnel attitudes. The purpose of the current study was to uncover how views of successes and challenges of criminal justice system responses triangulate across a sample of key stakeholders. Method: Heideggerian hermeneutic phenomenology formed the philosophical underpinning of the methodology and the collaborative approach to data analysis. Semistructured interviews were conducted with 51 professionals including police, prosecutors, victim witness advocates, sexual assault nurse examiners, and crisis center advocates in 1 northeastern U.S. state. Results: Three themes evolved that included the impact of the CSI effect on prosecutorial decisions and jury outcomes, justice and healing as an expectation of the criminal justice process, and inconsistent responses as a reflection of the variability of knowledge and skill among responders across communities. Conclusions: Themes revealed surprising convergence of views despite differing vantage points among stakeholders. Antidotes to case attrition include a coordinated community of responders and victim-centered approaches to justice and healing. The current study showcases a research method that can help bring together often-divergent professional voices around common goals.

Bullying in an Adolescent and Young Adult Gynecology Population

To determine prevalence of exposure to bullying in an adolescent/young adult gynecology population, whether pelvic pain is an associated somatic complaint, and if health care providers are viewed as a resource. An anonymous self-reporting survey about exposure to bullying, somatic and mental health symptoms, and disclosure patterns was given to 224 consecutive gynecology patients aged 15 to 24 years in a suburban practice. Prevalence of exposure as a bully, victim, witness, or combination was 80.5%. Missing school for pelvic pain was significantly greater in the bully-victim-witness and victim-witness groups. Taking medication for depression or anxiety was significantly greater in the bully-victim-witness group. No one disclosed bullying exposure to a health care provider. Gynecologists see large numbers of patients exposed to bullying. Patients exposed in combinations of bully, victim, and witness have increased frequency of pelvic pain, depression, and anxiety. Patients do not disclose exposure to bullying to health care providers.

The Victim as Witness: Strategies for Increasing Credibility Among Rape Victim-Witnesses in Court

Victim-witnesses are largely overlooked in research of witness credibility and preparation. This paper addresses this issue in regard to female victims of sexual assault, as they are at particular risk for negative juror perceptions and attributions of blame. Witness preparation practices and characteristics of effective testimony are briefly reviewed. Strategies to increase rape victim–witness competency, credibility, and well-being while testifying are described. Specific attention is given to the importance of attorney-victim collaboration, witness education, and the role of emotion management. Directions for future research are discussed.

How protected is she? “Fairness” and the rape victim witness in Australia

Synopsis How do principles or notions concerning fairness of proceedings tend to play out in Australian rape trials? We look at two types of legislative provisions pertaining to evidence in chief and cross-examination that have been altered in the last three decades in Australia. They were enacted to eliminate or minimise questions about the victim's sexual history and/or reputation, alter what is considered proper questioning and provide procedures to better protect victim witnesses' rights to safety. We examine what appear to be the limitations of law reform to mitigate the trauma of the trial for victims, to produce more accurate and consistent evidence and to increase prosecution and conviction rates. The implications of reducing judicial discretion in this context are also considered.

Victims of crime meeting with a killer

In 1986, Ellen Halbert was raped, stabbed, beaten with a hammer and left for dead in her home in Texas. During her recovery, she began to speak out about victims’ rights and what needed to change in our “offender-focused” criminal justice system. In 1991, she was appointed by Governor Ann Richards as the first victim to serve on the Texas Board of Criminal Justice, the board that oversees the massive adult criminal justice system in Texas. This six-year appointment ended in March 1997. Ms. Halbert has won numerous honors and awards for her work. Due to her dedication to crime victims and tireless advocacy for rehabilitation of offenders, a 500-bed female substance abuse treatment prison honored her in 1995 by naming the facility the Ellen Halbert Unit. In 1996, both the Texas Corrections Association and the Texas Crime Victim Clearinghouse established awards in her name to recognize her work on behalf of crime victims. In 1997, she won the National Crime Victim Service Award, the highest Federal award for service to victims. In 1999, she was named as one of Texas’ Women of the Century. In 2001, she was the mediator for a Court TV documentary, “Meeting With a Killer – One Family’s Journey.” This documentary was nominated for an Emmy in 2002. Ms. Halbert is presently the Director of the Victim Witness Division at the District Attorney’s Office in Travis County, Texas.

Children as Witnesses: Understanding Their Capacities, Needs, and Experiences

Historically the law regarded children as inherently unreliable and made it difficult for them to testify. Since 1975 awareness of child abuse has increased and research has established that children can be reliable witnesses. Governments began to recognize the needs and capacities of children and enacted legal reforms to facilitate prosecutions for child abuse. This paper reports on a survey of victim witness workers and other justice system professionals which reveals some of the continuedfailings of that system in dealing with children. Althoughrelatively rare, there are cases of false allegations of abuse, usually a result of investigations by poorly trained professionals. Further legal reforms and better human supports are required to ensure that the needs of children are met and their capacities as witnesses are fully appreciated.

Using Research to Improve Services for Victims of Sexual Assault

During 1998, Georgia received over $10 million in Violence Against Women Act and Victims of Crime Act funding, used in part to serve 14,000 victims of sexual assault through rape crisis centers and victim witness assistance programs. Despite millions of dollars and years of program administration, it is unknown whether the needs of victims are adequately addressed. In response, the Georgia Statistical Analysis Center dedicated its 1997 and 1998 State Justice Program grant funds to studying sexual assault. This article summarizes the first in a series of studies—reporting on 300 surveys of victim service program directors, frontline staff, and victims. The study represents the first attempt in Georgia to understand the availability, quality, and delivery of services to victims of sexual assault statewide. The study provided policymakers with critical information on how increased availability of counseling services, improved public awareness campaigns, and professional education and training can ultimately improve services to victims of sexual assault.

Forgotten Victims of Financial Crime and Abuse: Facing the Challenge

ABSTRACT This article summarizes the proceedings of four round-table discussions, which were sponsored by the National Center on Elder Abuse, and held in conjunction with a conference on financial crime and abuse. The discussions focused on four components of the legal system: local law enforcement, federal investigative and regulatory agencies, the civil justice system, and victim witness assistance programs. Participants were asked to describe their role in preventing financial crime and the challenges they face in doing so.

An Analysis of Services for Victims of Marital Rape

This case study examines the official incidence rate of marital rape and the subsequent services available to these victims in the Richmond (Virginia) metropolitan area. The present study examines services provided and evaluates these services using a model developed by Koss and Harvey (1987) who proposed five dimensions of assessment: availability, accessibility, quantity, quality, and legitimacy. The purpose of the study is to determine if the services provided to these victims offer a supportive community response to marital rape. Victim service providers were identified by the researchers, subsequently interviewed, and asked to indicate others who might offer services to such victims. This snowball sampling technique resulted in identifying all possible service agencies that may or may not provide services specifically to victims of marital rape. All service providers identified were interviewed. The results indicate very few officially reported incidents of marital rape; however, two agencies offer services to such victims-the YWCA and the Victim Witness office. Such services include hotlines, hospital accompaniment, court accompaniment, and counseling. While the overall assessment is one of general support for marital rape victims, the authors maintain more must be done to increase the awareness and reporting of this crime.

A Child Witness Advocacy Program: Caretakers' and Professionals' Views

ABSTRACT Children who are victims of sexual abuse can participate in the criminal prosecution of their abusers, but oftentimes not without further trauma. A number of communities in the U.S. and Canada have developed child victim advocate programs to lessen the trauma experienced by children who participate in that process. Two groups of volunteers, 12 “caretakers” and 14 investigative and court “professionals,” were interviewed to evaluate the effectiveness of one such program, the Child Victim Witness Program (CVWP). Though the program was found to be facing some systemic challenges, respondents were generally positive about its usefulness in preparing children to testify and in enabling children to be somewhat more relaxed during the criminal court process.

Too Little, Too Late: Prosecutors' Pre-court Preparation of Rape Survivors

Little research has been conducted on the behaviors of prosecuting attorneys and their interactions with rape survivors between charging and court events. Yet this period, during which prosecutors prepare rape survivors for their witness roles, may be crucial for obtaining successful convictions. Using intensive interviews with 32 rape survivors and background interviews with prosecutors, victim witness advocates, and rape crisis workers, I evaluated the nature of directives and information given to rape survivors and the frequency with which directives were conveyed before preliminary hearings and court events. I concluded that prosecutors employ 20 modes of preparation to construct rape survivors as credible victims for judges and jurors. They orient the rape survivor to the scope of the witness role and her place in the interaction with legal actors, direct her to enhance the credibility of her story, and enhance the credibility of her self'presentation. Research showed that prosecutors prepared respondents more thoroughly for trials than for preliminary hearings, but little overall. A large minority of respondents, consequently, reported dissatisfaction with the preparation they received. On the basis of the findings, I call for an extension of Martin and Powell's “politics of victim's needs,” attention to the importance of maintaining a perception of procedural justice among rape survivors, and further research into pre-court preparation.

Children's reasoning about responses to peer aggression: Victim's and witness's expected and prescribed behaviors

This research examined children's reasoning about expected (i.e., what a peer would do) and prescribed (i.e., what a peer should do) responses to unprovoked, intentional aggressive actions in two contexts: as a victim of such a transgression and as a witness to the incident, Physical harm and property damage items were used in a structured interview format, There were 90 subjects drawn from three elementary school grades (2nd, 4th, and 6th), Children differentiated between the expected and prescribed responses of peers and significant developmental differences in children's evaluations were found, Although the majority of the subjects in all grades denounced retaliation on the basis of concerns about others' welfare, older children stated that peers were likely to retaliate against the perpetrator nonetheless, Across different contexts, older children's responses appeared to reveal a greater independence from authority in negotiating peer interactions, In evaluating the witness's responses to aggressive acts, younger children's expected and prescribed responses were less disparate than that of the older children, The utility of including different vantage points of the child in examining children's social reasoning about aggression and the application of the present findings to social information-processing models are discussed..

Victim Service Or Self Service: An Analysis of Prosecution Based Victim-Witness Assistance Programs And Providers

Victim witness assistance programs are found throughout the United States. This paper analyzes one state's prosecution based victim witness programs and the individuals responsible for service delivery. We report on the services offered, a comparison tot he legislative intent, a description of the advocates and an analysis of the strengths and weaknesses of these programs. The findings suggest that prosecution based victim witness programs do little to meet most needs of crime victims. Additionally, the oversight of these programs by the local District Attorneys determines what services are offered and the role the advocates will assume.

Family survivors of homicide victims: Theoretical perspectives and an exploratory study

AbstractLittle empirical information is available on the impact of homicide on surviving family members. Existing descriptions fall into a dichotomy of grief theory and those reporting symptoms of Post‐traumatic Stress Disorder. This pilot study offers a multidimensional formulation which combines symptoms reported across previous studies. Participants were 19 survivors recruited through a victim witness program and a victim rights organization. A learning model, Mowrer's Two Factor Theory, was applied to explain the acquisition and maintenance of post‐traumatic symptoms. Consistent with this model, survivors reported recurrent homicide‐related intrusions and avoidance behaviors on the Horowitz Impact of Event Scale (IES). Comparison of survivors' IES scores with those of victims of rape, loss of a family member, and other trauma revealed a high frequency of symptoms. Mean length of time since homicide was 2.5 years. The Derogatis Symptom Check List 90‐Revised (SCL9O‐R) revealed a high level of general psychiatric distress, with 66% of survivors meeting “caseness” criteria, indicating a need for treatment intervention. A 7‐point Likert scale measure of satisfaction with the criminal justice system was highly correlated with SCL9O‐R subscales of depression (r = − 0.82) and anxiety (r = − 0.82). This link between distress and perceptions of the justice system provided preliminary support for an equity theory perspective on survivor attributions. Conceptual, research, and clinical implications were discussed.

Family survivors of homicide victims: Theoretical perspectives and an exploratory study

Little empirical information is available on the impact of homicide on surviving family members. Existing descriptions fall into a dichotomy of grief theory and those reporting symptoms of Post-traumatic Stress Disorder. This pilot study offers a multidimensional formulation which combines symptoms reported across previous studies. Participants were 19 survivors recruited through a victim witness program and a victim rights organization. A learning model, Mowrer's Two Factor Theory, was applied to explain the acquisition and maintenance of post-traumatic symptoms. Consistent with this model, survivors reported recurrent homicide-related intrusions and avoidance behaviors on the Horowitz Impact of Event Scale (IES). Comparison of survivors' IES scores with those of victims of rape, loss of a family member, and other trauma revealed a high frequency of symptoms. Mean length of time since homicide was 2.5 years. The Derogatis Symptom Check List 90-Revised (SCL9O-R) revealed a high level of general psychiatric distress, with 66% of survivors meeting “caseness” criteria, indicating a need for treatment intervention. A 7-point Likert scale measure of satisfaction with the criminal justice system was highly correlated with SCL9O-R subscales of depression (r = − 0.82) and anxiety (r = − 0.82). This link between distress and perceptions of the justice system provided preliminary support for an equity theory perspective on survivor attributions. Conceptual, research, and clinical implications were discussed.