Hb768 Vote yes. Children shouldn't be subjected to having to testify in front of an abuser

Comments Document

Attached is testimony in support of HB 768 on Behalf of Shared Hope International, a non-profit organization that brings justice for victims of child sex trafficking.

Comments Document

VCAHT supports HB768 as it will help reduce the retraumatization of children in confronting those who have exploited them. VCAHT would support the expansion of this relief to adult victims of sexual exploitation and human trafficking as well, as the protective benefits that CCTV testimony offers most certainly extend to trauma survivors of all ages. As a clinical psychologist that specializes in working with children and adolescents I completely support removing all barriers that would prevent any minor under the age of 18 from accessing the opportunity to testify without needing to be in the same room as their abuser. It is my professional opinion that there should be no threshold necessary for any child to pass in order to access this form or testimony if it is desired. The chances of a child or adolescent becoming destabilized and derailed in their recovery are significantly increased by the need to be in the presence of their abuser as well as a courtroom full of others. Despite our best intentions, the need for retelling the details of their abuse in such a setting often adds to the shame and embarrassment felt by the victim and can actually lead to developmental regression as a means of coping. This can delay the progress of therapeutic interventions as well as increasing the common yet excruciating symptoms of Post Traumatic Stress Disorder like panic attacks, flashbacks, nightmares, and increased dissociation. Another less obvious factor to consider is that victims of abuse often develop what is referred to as a Trauma Bond. Even in cases where the child did not previously have a relationship with their abuser, a common reaction to being abused is the development of a strong bond with the abuser, particularly when there is a well-established power differential in the relationship (like an adult has over a child.) Deconstructing this powerful bond during the process of therapy is a long-term process which can easily be interrupted by re-exposure to the abuser. Feelings of guilt regarding the harm the testimony may cause to the abuser are common as is the potential for rekindled feelings of closeness and affection towards their abuser. The potential for reintroducing these confusing but powerful feelings for a child who is working hard to break free from such a powerful Trauma Bond can be devastating, if they are even able to bring themselves to testify at all, which is another risk. The likelihood of this delaying or derailing their recovery process is high and such a consequence is unacceptable. Reducing the need for a child of any age to endure unnecessary re-exposure to their abuser is the most humane decision and I wholeheartedly support this bill as written.

In Favor of Delegate Delaney's HB 768: Comments of the Mother of the Child Victim My daughter, AZ, was a victim of sexual abuse from ages 7-10 years old. Her father, Jose Noe Quintanilla, was found guilty of 3 counts of object sexual penetration and one count of rape. I am writing this statement to express my gratefulness for my daughter’s ability to use closed-circuit television (CCTV) while testifying during the criminal trial, and to advocate in support of more children being able to testify via CCTV in Virginia. My daughter was traumatized from the abuse and had nightmares, flashbacks, and panic attacks and often thought about the abuse. She suffered from suicidal thoughts regularly. During the trial, and at the time she had to testify, she also lived in an intense fear her dad was going to attack her for telling the truth and did not feel safe about talking about the abuse or testifying in court. As her mother, it pained me and has caused me great stress to see my daughter suffering, and to know it will affect her the rest of her life. My greatest concerns were AZ’s future and getting her through the trial with the least amount of trauma. My daughter was told by the prosecutor’s office she needed to testify in open court. For my daughter, this meant she had to be able to be questioned like an adult about graphic and traumatizing sexual acts her father did to her in open court with her father only several yards away, and in front of others. This is a frightening situation for any child. My daughter was later approved to testify through CCTV. Being able to testify through CCTV helped AZ get through testifying, and has kept the traumatizing impacts of the trial from being too much for her. If she had to testify in front of her father, she may have been unable to speak about the abuse in the courtroom, and would be much more traumatized. Additionally, her father became emotional during her testimony, and if she had to testify only a few yards away from him, his emotional behavior would have affected her ability to testify. Using CCTV gave my daughter the ability to stand up for herself and tell her story in a way that empowers children who have been abused. The Virginia Victims Bill of Rights states “In recognition of the Commonwealth's concern for the victims and witnesses of crime, it is the purpose of [the Victims Bill of Rights] to ensure that the full impact of crime is brought to the attention of the courts of the Commonwealth; that crime victims and witnesses are treated with dignity, respect and sensitivity...” (§19.2-11.01 (A)). Allowing children to use CCTV to testify helps to ensure the full impact of crimes are brought to the attention of courts. All children should have access to this victims’ right if it is needed to avoid their intimidation, and unnecessary mental injury and harm. Sexual abuse is traumatizing enough, and children who experience this type of abuse can already have a hard road to recovery. All children should have access to CCTV, especially if a mental health professional says it could cause injury, instead of children having to get to the point of a severe mental condition to qualify. Thank you for your time and consideration for amendments to the law that will allow more children to testify via CCTV in Virginia; to help children testify better to expose the full impact of crimes; and support the safety, protection, mental health, and wellbeing of all children.