The aim of the publication is to raise the quality of social work with victims and perpetrators of child sexual abuse (CSA) in Slovakia. The author first offers a brief introduction to forensic social work and then goes on to analyze the system into which forensic social work is "woven" in the conditions of Slovakia. At the same time, the analysis draws attention to shortcomings regarding forensic social work with perpetrators and victims of CSA in Slovakia. Furthermore, it focuses on CSA perpetrators, while presenting key knowledge that should be available (not only) to social workers coming into contact with this clientele. At the same time, it proposes a model of a multidisciplinary approach to these individuals and describes in more detail the interventions that can be carried out by specialized social workers. It also focuses on victims of CSA, gathering key insights essential to understanding this particularly vulnerable clientele. It also offers a model of comprehensive care for victims, with an emphasis on the role of specialized social workers. Finally, it proposes a set of measures to improve the quality of forensic social work in general and specifically in relation to the issue of CSA. The author's effort to design interventions against the perpetrators of these heinous crimes in such a way that they are effective and at the same time highly humane must be especially appreciated. The author's model of a multidisciplinary approach to these individuals (balancing elements of control and support) is a guide to how the solution to the issue in question should look like in the civilized world. (...) In the author's approach, the interest and care for both interested parties is exceptionally connected: the author points out that it is not enough to help the victims, but that it is also necessary to help the perpetrators with effective methods so that they do not relapse, and what is more - to adopt attitudes that will reflect the acceptance of responsibility for the damage caused and to contribute in a meaningful way to the repair of this damage. With this, the author confirms her leaning towards the philosophy of restorative justice, which is currently a current trend in the approach to solving problems caused by crime. (...)
The presented monograph presents not only a theoretical analysis of the issue, but above all it presents scientific and practical impulses for the development of social work with perpetrators and victims of sexual abuse. The work has its unequivocal benefit not only for professionals, but also for the wider public, since so far no work of this nature has been published in Slovakia (or even in the Czech Republic). / doc. Kamil Kardis, PhD.
INTRODUCTION
Evil needs only one thing to win: for good people to do nothing. Quote attributed to British politician, orator, political theorist and philosopher of Irish origin named Edmund Burke (* 1729 – † 1797)
One in five children (ie 20% of children) in Europe is a victim of some form of sexual violence. Of these, according to estimates, 70 to 85% of cases are those where the perpetrator is someone the child knows and trusts (Council of Europe, 2012).
It is also estimated that up to 90% of all cases of child sexual abuse (CSA) remain unreported (Cheit and Freyd, 2005), i.e. not reported to law enforcement. And even from the few cases that are reported, many remain unexplained. At the same time, CSA experts point out that a number of contexts that support the silence of victims (including feelings of shame, fear or loyalty of the victim towards the perpetrator) not only make false reports unlikely, but on the contrary increase the probability of denying even those CSA crimes that actually happened (Hoyano and Keenan, 2010). In the community's reactions to CSA cases, there is a tendency to favor the principle of the presumption of innocence in relation to the suspect, while the duty to protect the likely victim is grossly neglected. This often leads to the chronification of the trauma and the development of long-term negative consequences, which can manifest in various spheres of the victim's life. Undetected and untreated perpetrators, in turn, carry the risk that they will continue to harm.
I have come across many sad stories of adults who carried the burden of trauma from childhood sexual abuse alone for years, either because they never confided in anyone, or when they tried to seek help they encountered misunderstanding, taboo, and a tendency to cover up the case. No measures were taken for their protection and rehabilitation.
In the case of other types of trauma, for example natural disasters, it is typical that they are accompanied by a strong wave of solidarity. However, when it comes to trauma caused by crimes, especially CSA, solidarity is almost always absent. Why? Well, primarily because people have naive ideas about perpetrators and cannot accept that such a deed could be committed by a person whom they may have known for many years as good, trustworthy, reliable. If they cannot identify the perpetrator as a perpetrator, then they do not see the victim as someone to help and protect.
The failure of lay people can perhaps be justified by insufficient public awareness of the issue, misunderstanding of the context and possible consequences, insufficient ethical reflection and several psychological phenomena. (1) But how to deal with it if individuals who should be in the position of professionals fail? Who will investigate and redress the misconduct of guardian ad litem, police investigators, forensic experts, and other key members of the system that is supposed to protect the rights and best interests of injured and vulnerable children?
Just at the time when I started preparing this book for printing, I was thoroughly familiar with a case that deeply shook me. The still unsolved case is an example of a whole series of professional failures. Three months passed from the filing of the criminal complaint to the interrogation of the minor child! The interrogation of the child took place in the presence of the main suspect. Despite the fact that a child psychologist and a guardian ad litem were also present during the interrogation, the experts present somehow collectively forgot that questioning a child in the presence of (albeit only an alleged) perpetrator is highly inappropriate. The manipulation of victims by CSA perpetrators can be so sophisticated that the mere presence of the perpetrator during the interrogation can completely change the content of the statement of the minor victim. Not to mention the fact that ("thanks" to the special decision of the appeals court, which canceled the so-called preliminary measure) the child lived again for more than a month in the household with the very parent against whom the criminal complaint was filed, and could have been manipulated anyway. Of course, during the interrogation, the child did not say anything that could harm the parent on whom he is currently dependent for his existence. What could have served as the most relevant evidence was completely ruined by an inappropriate procedure. Was it carelessness? Incompetence? Or perhaps an intention?
The probative value of another act, which was the forensic assessment of a minor child, is also questionable. Indeed, the psychologist accepted the role of a court expert, although she knew several blood relatives of the main suspect and even personally the main suspect. Moreover, before the forensic act, she communicated with her and was only familiar with her version of the story. Could she be objective, impartial or unbiased under such circumstances? Personally and professionally, I doubt it. Bearing in mind the amount of information related to the case, during a thorough analysis of the text of the forensic expert's report, I came across several signs of the expert's obvious bias. Not to mention my doubts about the sufficient level of her knowledge regarding the CSA issue. Anyway, also based on the statements in the forensic report, the criminal prosecution was stopped.
The parent who filed the criminal complaint does not have the right to complain to the competent institutions, because, paradoxically, even if it concerns the fate of his child, he is not a party to the proceedings. The child is represented by a guardian ad litem, and he has apparently not noticed any mistakes in the process of solving the case (or maybe he didn't want to notice?). Whose best interest did the conflict guardian pursue in his work practices?
The guardian ad litem is supposed to protect the interests of the minor child and has the unique opportunity and competence to conduct field investigations, meet with both parents, assess what is in the best interest of the child and present his findings and recommendations to the court. It is surprising that the appeals court, which annulled the so-called preliminary measure, decided without the statement of the guardian of the conflict. While the District Court evaluated the situation as potentially threatening and by issuing a preliminary measure wanted to protect the rights of the victim, the Court of Appeal annulled this preliminary measure, while even trying to justify the suspect parent's actions. When analyzing the justification of the appeal court's decision, a suspicion arises that the court gave disproportionately more weight to the arguments put forward by a parent suspected of abusing their own child than to the arguments put forward by a parent trying to protect their own child. The fear of a possible false accusation of sexual abuse outweighed the fear of a possible threat to the child. Well, the child lives in the household of a parent who may have (in a negative sense) irreversibly marked his development. While the second parent, who has the courage to file a criminal complaint against a loved one due to reasonable suspicion of sexual abuse of their own child, faces a dysfunctional system. At the same time, no one and nothing can erase from the memory of a given parent what he repeatedly heard from his own child in his spontaneous statement and what he even saw with his own eyes later. He is constantly worried about the impact of everything that happened and is happening on his child's development.
This story does not yet have a clear ending. But the current practices of the competent authorities and institutions deeply concern me. Whose child will be the next victim of incompetence (if not corruption) among those who should act professionally and ethically? Will anything change, perhaps, only if the suspicion of sexual abuse concerns their children or grandchildren?
I can't put up with either incompetence or human passivity, which seems to be a part of our national nature. I do not think that the multiple forms of failure of the system (which should primarily protect children from violations of their rights) are a reflection of a conscious intention to harm. But even human inaction or inconsistency in situations where evil must be confronted can have fatal consequences.
Every time the notes of the Slovak national anthem sound, I think about the part of it that describes us so well: "Slovakia, our messenger, slept soundly. But the thunderbolts wake it up to wake up." I think the reason to wake up is every sad story that comes to light.
During the fall of 2010, the media covered the case of an imprisoned sex offender who relapsed during an outing. The case pointed to the failure of the competent authorities and indicated shortcomings in the system of interventions against this group of delinquents (including the absence of such an important institution as a detention center). In September 2012, the media through the so-called the cases of Lucka (a preschooler who was beaten to death by her stepfather, while officials and a pediatrician did not miss her for three years), drew attention to problems in the system of social and legal protection of children. At that time, the Ministry of Labour, Social Affairs and Family commissioned the Committee for Children and Youth to develop the National Strategy for the Protection of Children from Violence. At the end of October 2013, the draft of this strategy was published together with the results of a national survey on the prevalence of various forms of violence against children.
The text of the draft of the aforementioned National Strategy only confirmed what many suspected long ago: we do have solid legislation for the protection of children and institutions entrusted with the protection of children's rights - but the practical implementation itself is a problem. In practice, there are many institutional and systemic violations of the child's rights to protection from violence, inappropriate implementation of laws and other regulations, or by not performing them, which causes further violence and harm to the child. In addition to the lack of erudite experts, our problem is also the non-complexity and unsystematic nature of prevention and intervention, insufficient provision of material, technical and human resources and capacities. The biggest shortcomings are mainly in the joint procedures of the responsible entities. It is therefore not surprising that one of the five strategic objectives of the National Strategy for the Protection of Children from Violence (2013) is "Preventing institutional and systemic violations of the rights of the child".
Long before the draft text of the National Strategy for the Protection of Children from Violence was published, I felt the need to share the knowledge I had acquired during twelve years of intensive study, research and practice. The original version of this publication was completed in August 2012. A few months later, in May 2013, it was successfully defended as a habilitation thesis under the title Forensic social work in relation to the issue of child sexual abuse. During September and October 2013, I supplemented the original text with new knowledge, which I evaluated from the point of view of their importance as an essential part of the basic package of information for those to whom this publication is intended.
The term forensic social work is rarely encountered in Slovakia (see e.g. Lulei, 2011), but what this term includes is also partially implemented in our country, within various departments where social workers come into contact with victims and perpetrators of crimes. However, if the criminal activity concerns the sexual abuse of children, there are serious shortcomings in the practice of social work with the affected clientele, the most striking of which is the insufficient professional training of workers for the activities they should perform. The level of education and professional skills is inevitably reflected in the quality of the measures implemented and the services provided.
Individuals who have already become victims of CSA and those who are in a position of danger, however, deserve a professional approach to solving the problem. It must also include an effective system of control and therapy for sex offenders. The motive for writing and publishing this monograph is my desire to contribute to increasing the safety and overall quality of life of individuals affected by the crime and trauma of CSA. The goal of my work follows from this, which is to increase the quality of forensic social work with perpetrators and victims of CSA in Slovakia. Such a broadly defined goal testifies to the fact that social work with the aforementioned clientele is a largely neglected area in Slovakia, and professionally it lags far behind the standards applied in the developed countries of the world.
The presented monograph consists of three chapters. The first chapter first offers a brief introduction to forensic social work and then moves on to an analysis of the system into which forensic social work is "woven" in the conditions of Slovakia. At the same time, the analysis draws attention to shortcomings regarding forensic social work and perpetrators and victims of CSA in Slovakia. The second chapter focuses on CSA perpetrators, presenting key knowledge that forensic social workers who come into contact with this clientele should possess. At the same time, it proposes a model of a multidisciplinary approach to these individuals and describes in more detail the interventions that can be carried out by specialized forensic social workers. The third chapter focuses on victims of CSA, gathering key insights necessary for understanding this particularly vulnerable clientele. It also offers a model of comprehensive care for victims, with an emphasis on the role of specialized forensic social workers. At the end of the monograph, I present a set of recommendations for improving the quality of forensic social work in general and specifically in relation to the issue of CSA.
The main methods for designing the work were: analysis, comparison and synthesis of knowledge acquired from the study of relevant professional and scientific literature, legislative documents, internal guidelines and other available materials. Due to the multidisciplinary nature of the sources from which I drew, even the most frequent terms in this publication - perpetrator and victim - are used in a broader sense than is inherent in legal terminology. When it comes to the person of the offender, a distinction is made in the legal world between: a suspect (an individual who is being investigated by the police for an alleged crime), a defendant (who is being prosecuted) and an offender (who has been found guilty by a court of law). In this publication, the word offender includes all three meanings, but this does not mean that the presumption of innocence is rejected. One reason is that from the victims' perspective, an offender is an offender regardless of whether or not they have been identified, prosecuted and found guilty. Similarly, the word victim is used in this publication in a sense that goes beyond the legal concept. From the point of view of the law, the victims are only considered as alleged victims (in the preliminary stages of the investigation), as it is assumed that nothing is established until the court proves it. However, the publication uses a more open meaning of the word victim, respecting the personal perspective of those who have experienced victimization (regardless of whether the perpetrator has been identified and found guilty). It is important to remember that not all victims meet the legal definition of victim.
This publication is intended primarily for social workers entrusted with the performance of social and legal protection of children, who are in a unique position in relation to the performance related to the investigation of CSA cases as well as the criminal or civil court process - and depending on how competently they perform, they can contribute either to the effective protection of the child's rights or to their further harm. For similar reasons, the publication is also addressed to police investigators, forensic experts, prosecutors and judges. Given the necessity of a multidisciplinary approach to both victims and perpetrators of CSA, the publication is also intended to serve workers of other helping professions: social workers working in prisons, probation and mediation officers, mediators, psychologists, psychotherapists, pastoral workers, educators, educators in social work, or politicians. Last but not least, the publication is also intended for the general public, especially parents, relatives and friends of individuals whose lives are affected by the crime and trauma of CSA.
May this book be a stimulus for reflection in the ranks of helping professions and a contribution to the correction of inadequate procedures that have an impact on the destinies of specific children and their families.
(1) For more information on this topic, see the article entitled Social (ir)responsibility in the face of cases of sexual abuse of children (Karkošková, 2012).
CONTENT
1 Forensic social work 1.1 Definition of forensic social work 1.2 Theoretical starting points, values and ethical aspects of forensic social work 1.3 The place of forensic social work in our system and its shortcomings in relation to the issue of CSA 1.3.1 Labor, social affairs and family offices 1.3.2 Corps of prison and judicial guards 1.3.3 Institute of probation and mediation in the criminal justice system 1.3.4 Forensic social work outside the listed institutions 1.3.5 Cooperating professions
2 Social work with the offender i C S A 2.1 Legal aspects of CSA as a point of reference for forensic social workers 2.2 Characteristics of CSA perpetrators, their actions and thinking 2.3 Risk and its assessment as a prerequisite for adequate interventions 2.4 Multidisciplinary framework of interventions and the role of forensic social workers 2.4.1 Intervention programs in prisons 2.4.2 Probation 2.4.3 Sociotherapy 2.4.4 Mediation
3 Social work with C S A victims 3.1 Legal protection of victims of CSA 3.2 Characteristics of CSA victims, their reactions, symptoms and long-term consequences 3.3 Forensic diagnostics as a prerequisite and compass for further interventions 3.4 Comprehensive care for victims of CSA and the role of forensic social workers 3.4.1 Sociotherapy 3.4.2 Mediation
Doc. Ph.Dr. Mgr. Slávka Karkošková, PhD. graduated in Catholic theology and social work (in which she also completed her habilitation). She also completed training in Gestalt psychotherapy, training in psychological trauma therapy and a seminar focused on working with complexly traumatized and dissociative clients using EMDR. She works as a university teacher. She also works as a lecturer in professional training and further education courses for mediators. She is the founder and director of the civil association ASCEND, which focuses on counseling and education in the issue of sexual abuse of children. She is a member of the European Society for Trauma and Dissociation (ESTD). As the first aspirant from Slovakia, she was also accepted as a member of the International Association for the Treatment of Sex Offenders (IATSO) in 2013.
Publication title: Social work with perpetrators and victims of child sexual abuse Author: doc. Ph.Dr. Mgr. Slávka Karkošková, PhD.
Reviewers: doc. PhDr. Markéta Rusnáková, PhD. (Catholic University in Ružomberok, Faculty of Education, Department of Social Work) doc. Kamil Kardis, PhD. (Uniwersytet Kardynał Stefana Wyszyńskiego w Warszawie, Instytut Socjologii) dr hab. Małgorzata Duda (University of Pope John Paul II in Krakow, Institute of Social Work) prof. PhDr. Pavol Dancák, PhD. (University of Prešov in Prešov, Department of Philosophy and Religious Studies)
Publisher: ASCEND Place of issue: Veľký Šariš - Kanaš Release year: 2013 ISBN 978-80-971470-0-6