Page 31 - South Mississippi Living - May, 2024

In the aftermath of abuse of a child, there is shock and devastation, pain and trauma, and fear. There is confusion about what is happening now, and what will happen in the future. Yet there is also a path of help, of hope, and of healing that is paved every time a child advocacy center springs into action to help a child victim of crime. There is a path of justice that results from the simple act of service to victims and survivors of crime. Crime victims deserve to have their most important needs heard and addressed. We just have to listen.
Several years ago, I was visiting with a county child abuse investigative team after a very difficult case. They were devastated at the outcome of the trial. They fully believed that the child had been sexually abused and
that they had put strong evidence in court, but yet, they felt the child had not been given an even advantage during the trial by the failures
of our system. To think that there was a case where so many things had been done right,
but then in one of the few child sexual abuse cases that makes
it to trial, the system failed the victim.
We researched how other states
responded to child victims in court
and found that many courts were
making special accommodations for
the unique needs of children. This
eventually led to the creation and
passage of legislation in Mississippi
outlining accommodations that are
permitted for children testifying in
court. It took several years, but the voice of that investigative team was heard.
The American justice system was designed for adults, not
the special developmental needs of children. Children need
the court to shift for their needs whether that be a child that
has witnessed a crime or has been the victim of a crime. Courtrooms need to be child-fair while still protecting the rights of the accused. There are simple accommodations courts can make to help children. For example, a child should be able to give an oath that they understand. We are informed by research and research tells us that children understand “promising to tell the truth,” instead of “swearing to tell the truth.” Kids use the word “promise” all the time. Kids are taught not to swear.
The passage of Mississippi Code 99-43-101 provides protections and appropriate accommodations for children who
are testifying in court. These include the following rights:
• To be asked questions in a way that a child of that age can
• • •
• •
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understand, including a child-friendly oath.
To have proceedings free from nuisance and harassing tactics. To have a support person present.
To allow the courtroom or hearing room to be adjusted for the comfort and protection of the child.
To relax proceeding formalities.
To allow the presence of a properly trained facility animal and/or comfort item.
To allow the use of a properly constructed screen, so long as the court determines that a screen is necessary, and the use
of that screen comports with the defendant’s constitutional rights.
• To have a secure child-friendly waiting area.
• To have an advocate or support person inform the court about the child’s ability to understand the proceedings and any special accommodations that may be needed.
The statute also allows for the court to appoint standby counsel in
proceedings where the defendant has chosen to proceed without counsel
upon finding the child would suffer a substantial likelihood of emotional harm
if questioned by the defendant. Children’s Advocacy Centers of Mississippi has
developed a resource guide for attorneys explaining each of these rights in detail.
This month, as we pay tribute to crime victims and all those who dedicate their lives to helping them, including many of you, our shared challenge is to realize that
justice isn’t served until crime victims are heard, that justice isn’t served until victims’ rights are not just celebrated annually but practiced daily.
At the Children’s Advocacy Centers of Mississippi, our tagline is “We Protect Children.” It is woven into everything we do. It is on our brochures, our website, and it is even on our car tags. More importantly, it is at the core of our belief in what all the children of Mississippi deserve as a right: protection from harm. Help us protect children. This month we are calling on you to create a circle of safety around children. The responsibility for preventing child abuse falls not on children to protect themselves but on adults to protect them from harm. Take time to learn what you can do personally to keep children safe.
SOUTH MISSISSIPPI Living | www.smliving.net
May 2024 | 31