It is very difficult to predict what will happen for you and your child after the report has been made and the case is in the legal system. Sometimes the chance to speak up about what happened can be a good thing for the child—whether or not the abuser is convicted. Many children are relieved to think that someone more powerful will help protect them and tell the offender that s/he was wrong. For other children, however, the events following the report can be upsetting.
The legal process often moves at its own pace, different from your child’s need to heal. Emotional wounds may be reopened by the various proceedings, which take place over a period of one to two years. The court date may be delayed repeatedly. It is best to try to remember that people are working to gain the best outcome for you and your child. The team’s approach to these cases keeps the process as simple as possible.
You can make the process easier for your child by working with the authorities. The legal system may be able to protect your child from future unsupervised contact with the offender. Working through the legal system is also a way to keep other children safe.
The legal system’s response to abuse can be confusing to children and families. Part of this confusion stems from the fact that two different “legal systems” can be working on the same case at the same time. These two systems are the “criminal” system and the “civil” system. In addition, there are two different court systems that can work on a child abuse case—the Criminal Court and the District Court. Both courts may work on the same case at the same time, but they have different purposes.
The Criminal Court is concerned primarily with the guilt or innocence of the accused and often uses a trial to decide on the suspect’s guilt or innocence. The criminal trial focuses on issues such as:
■ Is there evidence to prove the child was abused?
■ What illegal acts occurred?
■ Was there a confession?
■ If proven guilty, what punishment should the offender receive?
The District Court is concerned primarily with the safety of the child and focuses on issues like custody, supervised visitation, and counseling. A number of different court hearings can be held to decide these issues. The decisions in the civil system do not depend on whether or not the criminal system finds guilt.