From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of...

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Court: Court: Psychology, Psychology, Trauma and the Trauma and the Law Law Dr Sarah Heke Dr Sarah Heke Director of the Institute of Director of the Institute of Psychotrauma Psychotrauma Dr Georgina Smith Dr Georgina Smith Specialist Clinical Psychologist, Specialist Clinical Psychologist, Haven Paddington Haven Paddington

Transcript of From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of...

Page 1: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to From Report to Court: Psychology, Court: Psychology,

Trauma and the Trauma and the LawLaw

Dr Sarah HekeDr Sarah HekeDirector of the Institute of Director of the Institute of

PsychotraumaPsychotraumaDr Georgina SmithDr Georgina Smith

Specialist Clinical Psychologist, Haven Specialist Clinical Psychologist, Haven PaddingtonPaddington

Page 2: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

OverviewOverview

What we know vs. What is expectedWhat we know vs. What is expected Psychological Responses to TraumaPsychological Responses to Trauma Reporting and DisclosureReporting and Disclosure Waiting for CourtWaiting for Court The Court CaseThe Court Case Where does this leave us?Where does this leave us?

Page 3: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

DISCUSSIONDISCUSSION

What do we know about the impact of What do we know about the impact of trauma on the mind and behaviour?trauma on the mind and behaviour?

How might the psychological impact of How might the psychological impact of trauma become problematic when we trauma become problematic when we consider the expectations of clients consider the expectations of clients going through the Criminal Justice going through the Criminal Justice System?System?

Page 4: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

What we knowWhat we know: : Psychological Responses to Psychological Responses to

TraumaTrauma

Understanding and Implications Understanding and Implications ofof

- ‘‘Normal’ MemoriesNormal’ Memories- PTSD & Trauma MemoriesPTSD & Trauma Memories- DissociationDissociation- ShameShame

Page 5: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

What we knowWhat we know: : MemoryMemory(BPS Memory and the Law, 2008)(BPS Memory and the Law, 2008)

Memories are records of people’s experiences of Memories are records of people’s experiences of events and are not a record of the events themselvesevents and are not a record of the events themselves

Memory is not only of experienced events but it is Memory is not only of experienced events but it is also of the knowledge of a person’s lifealso of the knowledge of a person’s life

Remembering is a constructive processRemembering is a constructive process Memories for experienced events are always Memories for experienced events are always

incompleteincomplete Memories typically contain only a few highly specific Memories typically contain only a few highly specific

detailsdetails Recall of a single or several highly specific details Recall of a single or several highly specific details

does not guarantee that a memory is accurate or does not guarantee that a memory is accurate or even that it actually occurredeven that it actually occurred

Page 6: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

What we knowWhat we know: Memory: Memory(BPS Memory and the Law, 2008)(BPS Memory and the Law, 2008)

The content of memories arises from an individual’s The content of memories arises from an individual’s comprehension of an experience, both conscious comprehension of an experience, both conscious and non-consciousand non-conscious

People can remember events that they have not in People can remember events that they have not in reality experienced (these are often referred to as reality experienced (these are often referred to as ‘confabulations’)‘confabulations’)

Memories for traumatic experiences, childhood Memories for traumatic experiences, childhood events, interview and identification practices, events, interview and identification practices, memory in younger children and older adults and memory in younger children and older adults and other vulnerable groups all have special featuresother vulnerable groups all have special features

A memory expert is a person who is recognised by A memory expert is a person who is recognised by the memory research community to be a memory the memory research community to be a memory researcherresearcher

Page 7: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

What we Know: What we Know: PTSD & MemoryPTSD & Memory

Memory problems and biases are fundamental to PTSD: autobiographical memory for trauma tends not to be sufficiently elaborated or contextualised, with poor inhibition of unwanted memories triggered by cues (manifesting in the form of reliving symptoms such as intrusive memories and nightmares).

Page 8: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

What we knowWhat we know: : PTSD & MemoryPTSD & Memory(Brewin et al., 1996; Brewin et al., 2010)(Brewin et al., 1996; Brewin et al., 2010)

HippocampHippocampusus

AmygdalaAmygdala

Page 9: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

What we knowWhat we know: : PTSD & PTSD & MemoryMemory

Normal memoryNormal memory

– Based in HippocampusBased in Hippocampus

– OrganisedOrganised

– Controlled retrievalControlled retrieval

– Verbally accessible Verbally accessible memorymemory

– Time taggedTime tagged

– Updated by new Updated by new informationinformation

Traumatic MemoryTraumatic Memory

– Based in AmygdalaBased in Amygdala

– Not organisedNot organised

– FragmentedFragmented

– No time tagNo time tag

– Frozen in timeFrozen in time

– Spews out involuntarilySpews out involuntarily

– Situationally accessibleSituationally accessible

Page 10: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

What we Know: PTSD & MemoryWhat we Know: PTSD & Memory

Although there are different ideas with regards to the specific underlying mechanisms of memory involved in PTSD, there is considerable agreement that trauma memories are encoded by processes (such as repression and dissociation) that make them difficult to retrieve as coherent, verbal narratives. The result is that traumatic memories are primarily available as isolated, nonverbal, sensory, motor, and emotional fragments.

Page 11: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

What we knowWhat we know: Dissociation: Dissociation Some people dissociate during trauma (Holmes et al. Some people dissociate during trauma (Holmes et al.

2005; Murray, Ehlers & Mayou, (2002); & Ozer et al. 2005; Murray, Ehlers & Mayou, (2002); & Ozer et al. 2003). 2003).

This means that they may spontaneously ‘go blank’, This means that they may spontaneously ‘go blank’, ‘switch off’ or ‘leave’ their bodies (often known as an ‘switch off’ or ‘leave’ their bodies (often known as an out-of-body experience) in an attempt to distance out-of-body experience) in an attempt to distance themselves from the distress they are feeling. themselves from the distress they are feeling.

Consequently the trauma memory or parts of the Consequently the trauma memory or parts of the memory can become inaccessible to conscious memory can become inaccessible to conscious awareness (e.g. Wright et al. 2006) awareness (e.g. Wright et al. 2006)

The encoding of the memory can become altered The encoding of the memory can become altered resulting in fragmented yet vivid sensory-perceptual resulting in fragmented yet vivid sensory-perceptual memories (“flashbacks”) being formed (e.g. Grey & memories (“flashbacks”) being formed (e.g. Grey & Homes, 2008)Homes, 2008)

Page 12: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

What we knowWhat we know: Dissociation: Dissociation

Hardy, Young & Holmes (2009)Hardy, Young & Holmes (2009)

Participants who reported higher levels of peri-traumatic dissociation (i.e., ‘transient changes in sensory-perceptual experience such as confusion and time distortion’) during sexual assault perceived their trauma memories to be more fragmented during police interview.

Page 13: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

What we know: What we know: PTSD and PTSD and ShameShame

The anticipation of and experience of shame The anticipation of and experience of shame has been linked to a desire to hide, avoid or has been linked to a desire to hide, avoid or withdraw from shame-eliciting situations and withdraw from shame-eliciting situations and help-seeking (e.g. Gilbert, 1998). help-seeking (e.g. Gilbert, 1998).

Lee, Scragg and Turner’s (2001) clinical Lee, Scragg and Turner’s (2001) clinical model of model of ‘Shame-based PTSD’ : ‘Shame-based PTSD’ : Shame can Shame can perpetuate trauma through the interpretation perpetuate trauma through the interpretation and salience of the traumatic event, resulting and salience of the traumatic event, resulting in engagement of avoidance strategies in in engagement of avoidance strategies in order to cope with the painful experience. order to cope with the painful experience.

Page 14: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

What we know: What we know: PTSD and PTSD and ShameShame

88% of women report feeling shame 88% of women report feeling shame following sexual assault (Vidal & Petrak, following sexual assault (Vidal & Petrak, 2007) and a 2007 government report in 2007) and a 2007 government report in England reported "Estimates from research England reported "Estimates from research suggest that between 75 and 95 per cent of suggest that between 75 and 95 per cent of rape crimes are never reported to the rape crimes are never reported to the police." police."

Many asylum-seekers do not disclose pre-Many asylum-seekers do not disclose pre-migration trauma in Home Office migration trauma in Home Office interviews, often due to feelings of shame, interviews, often due to feelings of shame, especially those with a history of sexual especially those with a history of sexual violence (Bogner, Herlihy & Brewin, 2007).violence (Bogner, Herlihy & Brewin, 2007).

Page 15: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

What is expected…What is expected… No delay in reporting to the police No delay in reporting to the police despite the known despite the known

impact of PTSD, fear and shame on behaviourimpact of PTSD, fear and shame on behaviour

A detailed, coherent, consistent account of the A detailed, coherent, consistent account of the traumatic event traumatic event despite the known impact of trauma despite the known impact of trauma on memoryon memory

For a victim to be ‘hysterical, shaky and distraught’ For a victim to be ‘hysterical, shaky and distraught’ despite the known impact of trauma, anxiety and despite the known impact of trauma, anxiety and hyper/hypo-arousalhyper/hypo-arousal

For clients to engage in therapy For clients to engage in therapy despite the despite the limitations to clinical practice and confidentiality…limitations to clinical practice and confidentiality…

Page 16: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to Court: From Report to Court: 1. Reporting and Disclosure1. Reporting and Disclosure

CASE STUDY 1CASE STUDY 1 16 year old female16 year old female Alleged rape by ex partnerAlleged rape by ex partner Assailant lives close byAssailant lives close by Mutual friends/acquaintancesMutual friends/acquaintances Fear of repercussionFear of repercussion Doubts re: safety/police protectionDoubts re: safety/police protection Knowledge of low conviction rateKnowledge of low conviction rate Asks for help re making a decision Asks for help re making a decision

whether or not to reportwhether or not to report

Page 17: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to Court: From Report to Court: 1. Reporting and Disclosure1. Reporting and Disclosure

CASE STUDY 1CASE STUDY 1

What are the main issues?What are the main issues?

What would you ask/assess?What would you ask/assess?

How would you intervene?How would you intervene?

When discussing reporting the rape to the When discussing reporting the rape to the police, how honest are you about what she police, how honest are you about what she should expect if the case goes to court?should expect if the case goes to court?

Page 18: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to Court: From Report to Court: 1. Reporting and Disclosure1. Reporting and Disclosure

What can we do?What can we do?

Motivational Interviewing re: Decision to Report/Disclose Motivational Interviewing re: Decision to Report/Disclose (e.g. Miller & Rollnick, 2002)(e.g. Miller & Rollnick, 2002)

Psychoeducation and Normalising Psychological Psychoeducation and Normalising Psychological Reactions (e.g. symptoms of PTSD, nature of memories, Reactions (e.g. symptoms of PTSD, nature of memories, shame)shame)

Challenging and Reconstructing Negative Attributions Challenging and Reconstructing Negative Attributions (e.g. Ellis, 1998) – addressing fear & self-blame(e.g. Ellis, 1998) – addressing fear & self-blame

Involvement of other Agencies – liaison with police, Involvement of other Agencies – liaison with police, victim support; discussion of client’s SAFETYvictim support; discussion of client’s SAFETY

Training and Service Development (e.g. timing of ABE Training and Service Development (e.g. timing of ABE interviews, PTSD symptoms, ‘inconsistencies’ in interviews, PTSD symptoms, ‘inconsistencies’ in memory)memory)

Page 19: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to Court: From Report to Court: 2. Waiting for Court2. Waiting for Court

Issues to consider:Issues to consider:Consistency of the account given over timeConsistency of the account given over time

- to the police/Home office- to the police/Home office

Clinical implications and issues when working Clinical implications and issues when working psychologically with clients going to court.. psychologically with clients going to court..

Clinical vs. Legal guidelines: Clinical vs. Legal guidelines: ConflictsConflicts– NICE vs. CPSNICE vs. CPS

Page 20: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to Court: From Report to Court: 2. Waiting for Court2. Waiting for Court

Inconsistencies over timeInconsistencies over time Herlihy, Scragg & Turner (2002) interviewed 27

Kosovan and 12 Bosnian refugees to investigate the consistency of autobiographical memory of people seeking asylum. They found that when people were interviewed twice, many details of their stories changed. Peripheral details of traumatic events were particularly likely to be inconsistent. For those with severe levels of PTSD, the longer the delay between interviews, the more likely the details of stories were to change.. 

Page 21: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to Court: From Report to Court: 2. Waiting for Court2. Waiting for Court

Inconsistencies over timeInconsistencies over time

Hardy, Young & Holmes (2009)Hardy, Young & Holmes (2009)Increased memory fragmentation was Increased memory fragmentation was associated with participants viewing associated with participants viewing themselves to have provided more incoherent themselves to have provided more incoherent accounts of sexual assault to the police. accounts of sexual assault to the police.

And And increased account incoherence was increased account incoherence was associated with victims perceiving themselves associated with victims perceiving themselves to be to be less less likely to proceed with legal cases… likely to proceed with legal cases…

Page 22: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to Court: From Report to Court: 2. Waiting for Court2. Waiting for Court

The 2001 CPS practice guidance for the ‘Provision of Therapy for Vulnerable or Intimidated Adult Witnesses Prior to a Criminal Trial’ states that

– “…“…the witness should not discuss or be the witness should not discuss or be encouraged to discuss the evidence which s/he encouraged to discuss the evidence which s/he is to give in the criminal proceedings but may is to give in the criminal proceedings but may receive general support to help them through receive general support to help them through the process of appearing in court.”the process of appearing in court.”

– “…“…any detailed recounting or re-enactment of any detailed recounting or re-enactment of the offending behaviour may be perceived as the offending behaviour may be perceived as coaching…and the criminal case is almost coaching…and the criminal case is almost certain to fail as a consequence of this type of certain to fail as a consequence of this type of therapeutic work”therapeutic work”

Page 23: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to Court: From Report to Court: 2. Waiting for Court2. Waiting for Court

The 2001 CPS practice guidance– Preparation for court and carefully planned

preventive work which does not focus upon past abuse presents less of a problem than interpretative psychotherapy”

– “The least problematic aspect of therapy will focus on improving self-esteem and self-confidence, often using cognitive/behavioural techniques”

– “Other issues which may be addressed include: reduction of distress about impending legal proceedings; and treatment of associated emotional and behavioural disturbance that does not require rehearsal of abusive events”

Page 24: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to Court: From Report to Court: 2. Waiting for Court2. Waiting for Court

The 2005 NICE Guidelines recommend that– Practical, social and emotional support be

offered in the immediate post-incident care and ‘watchful waiting’ should be implemented for 1 month

– Trauma-focused cognitive behaviour therapy (CBT) or eye movement desensitisation and reprocessing (EMDR) should be offered for severe PTSD present after 1 month

– Non-trauma focused interventions (such as relaxation or non-directive therapy) that do not address traumatic memories should not be routinely offered

Page 25: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to Court: From Report to Court: 2. Waiting for Court2. Waiting for Court

DISCUSSION

Why do the CPS advise against any detailed recounting or re-enactment?

What problems might arise if we ignore the CPS guidance?

Page 26: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to Court: From Report to Court: 2. Waiting for Court2. Waiting for Court

What do we know about recovered and false memories? (e.g. Wright, Ost & French, 2006)

Case studies Different types of case studies have been used to illustrate

the different processes of recovered and false memories. From biologically impossible events (Wagenaar, 1996) to alien abduction claims (e.g. French, 2003), people clearly come to believe in events that never occurred. Some well-documented case histories exist, like retractor cases against therapists (e.g. Bennett Braun, Roberta Sachs – see Bikel & Dretzin, 1995).

Case studies show that, without the constraints of psychology ethics committees, it is possible to create memories for truly traumatic and abusive events that did not occur..

Page 27: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to Court: From Report to Court: 2. Waiting for Court2. Waiting for Court

What do we know about recovered and false memories? (e.g. Wright, Ost & French, 2006)

We now know events can be implanted into a person’s autobiography, that some people are more suggestible than others, that particular techniques increase the likelihood memories can be implanted, but also that most people will not believe bizarre memories, at least after the amount of persuasion applied in typical laboratory studies.

What appear to be newly remembered (i.e. recovered) memories of past trauma are sometimes accurate, sometimes inaccurate, and sometimes a mixture of accuracy and inaccuracy. Much of what is recalled cannot be confirmed or disconfirmed.

Which makes it incredibly difficult to come to any definitive conclusions or to state that a memory could not have been ‘distorted or falsified’..

Page 28: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to Court: From Report to Court: 2. Waiting for Court2. Waiting for Court

CASE STUDY 2CASE STUDY 2

32 year old homosexual male32 year old homosexual male Alleged serious physical assault by Alleged serious physical assault by

partnerpartner Severe PTSDSevere PTSD Disclosed history of child sexual Disclosed history of child sexual

abuseabuse Case going to court and police are Case going to court and police are

concerned about inconsistencies in concerned about inconsistencies in the client’s account the client’s account

Page 29: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to Court: From Report to Court: 2. Waiting for Court2. Waiting for Court

CASE STUDY 2CASE STUDY 2

What do you do?

a) When working psychologically with the client? Do you use trauma-focussed

CBT? How do you decide?

b) When liaising with the police and/or CPS?

c) Teaching/joint working/service delivery?

Page 30: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to Court: From Report to Court: 2. Waiting for Court2. Waiting for Court

CASE STUDY 2CASE STUDY 2

a) Working psychologically with the client

– Trauma-focused CBT or symptom management?– Is the therapy in the client’s ‘best interests’? – If yes, would therapy be preferable to criminal

proceedings?– Should the CPS, the therapist or the client

decide?

Page 31: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to Court: From Report to Court: 2. Waiting for Court2. Waiting for Court

CASE STUDY 2CASE STUDY 2

b) Liaising with the police and/or CPS– Send information/articles/BPS guidelines?– Write a professional statement?– Recommend an expert witness?

Potential Problems– Psychological evidence is not admissible in court– Police often have a limited understanding of criminal

proceedings– CPS lawyer is often not allocated until just before the

trial..

Page 32: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to Court: From Report to Court: 2. Waiting for Court2. Waiting for Court

CASE STUDY 2CASE STUDY 2

c) Teaching/Joint working/Service delivery– Longer-term solution– Slow progress– However, the CPS have the desire to make changes to the

current system by introducing psychological explanations in individual cases, where appropriate

What’s needed?– A good example?– More psychological research to be integrated into the legal

literature?

Page 33: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to Court: From Report to Court: 3. The Court Case3. The Court Case

Digging the Dirt: Disclosure of Records in Sexual Assault Cases (Temkin, 2002)

The disclosure of confidential records such as those of doctors, teachers, counsellors, and therapists may be sought by the defence as a means of undermining the credibility of complainants in rape and sexual assault trials.

The procedure is under section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965, under which disclosure of the records of third parties may be sought.

Page 34: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to Court: From Report to Court: 3. The Court Case3. The Court Case

DISCUSSIONDISCUSSION

When your notes are requested– Do you have a dilemma/conflicts associated with

therapist/client confidentiality? – No formally recognised way of keeping clinical notes: If

you use your notes as a ‘clinical tool’ as part of a CBT intervention, could they be detrimental to criminal proceedings?

– Do you offer to provide a professional statement for the court/explain what you have written in the notes?

Page 35: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to Court: From Report to Court: 3. The Court Case3. The Court Case

The Verdict and AftermathThe Verdict and Aftermath

Psychological impact of court verdict – often Psychological impact of court verdict – often life is life is ‘put on hold’ ‘put on hold’ by clientsby clients until after the until after the court case (recovery = contingent)court case (recovery = contingent)

The verdict can challenge or reinforce The verdict can challenge or reinforce positive and negative thoughts and beliefs positive and negative thoughts and beliefs (e.g. not guilty = not being believed by jury (e.g. not guilty = not being believed by jury = confirmation of negative attributions = confirmation of negative attributions related to self-blame/responsibility)related to self-blame/responsibility)

Defence Barrister = Defence Barrister = “The Critical Voice” “The Critical Voice” (strengthens feelings of shame & self-blame)(strengthens feelings of shame & self-blame)

Page 36: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to Court: From Report to Court: 3. The Court Case3. The Court Case

The Verdict and AftermathThe Verdict and Aftermath

If the assailant is acquitted, this can result If the assailant is acquitted, this can result in: in: - A sense of - A sense of ‘lack of justice’‘lack of justice’- Fear of repercussion - Fear of repercussion - Doubts about own safety, possible increase - Doubts about own safety, possible increase in in PTSD symptoms & lack of faith in the PTSD symptoms & lack of faith in the system system to to protect protect them from harmthem from harm

Regardless of the verdict, the impact Regardless of the verdict, the impact can can be be positive (e.g. sense of positive (e.g. sense of empowerment/empowerment/’having a voice’)’having a voice’)

Page 37: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

From Report to Court: From Report to Court: 3. The Court Case3. The Court Case

The Verdict and AftermathThe Verdict and Aftermath

Can activate Delayed onset PTSD Can activate Delayed onset PTSD (e.g. Brewin et al, 2010)(e.g. Brewin et al, 2010)- DSM-IV requires a 6 month period to elapse if PTSD is to DSM-IV requires a 6 month period to elapse if PTSD is to

qualify as delayed-onset PTSDqualify as delayed-onset PTSD

- On average, this occurs in 15.3% civilian cases of PTSD On average, this occurs in 15.3% civilian cases of PTSD and 38.2% cases of combat-related PTSD, with initial and 38.2% cases of combat-related PTSD, with initial PTSD symptoms gradually increasing in number and PTSD symptoms gradually increasing in number and intensity (Andrews et al., 2007)intensity (Andrews et al., 2007)

- Delayed-onset PTSD is associated with gradually Delayed-onset PTSD is associated with gradually increasing levels of arousal and is often preceded by increasing levels of arousal and is often preceded by episodes of depression (Andrews et al., 2009) – episodes of depression (Andrews et al., 2009) – common common reactions to giving evidence in court..reactions to giving evidence in court..

Page 38: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

Where does this leave us? Regina vs. Doody case (2008)

– Where a defendant raised delay [in reporting] to undermine the credibility of a complainant in a rape case, an appropriate warning to the jury was necessary to ensure fairness to the complainant.

– Lord Justice Latham said that the judge was entitled to make comment as to the way evidence was to be approached, particularly in areas where there was ‘a danger of a jury coming to an unjustified conclusion without an appropriate warning’.

– ‘The fact that the trauma of rape could cause feelings of shame and guilt which might inhibit a woman from making a complaint about rape was sufficiently well known to justify a comment to that effect.’

Page 39: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

Where does this leave us? Ellison & Munroe (2009)

– Volunteers observed one of nine rape trial reconstructions, and were asked to deliberate as a group towards a verdict.

– Concerns regarding the limits of current public understanding as to what constitutes a ‘normal’ reaction to sexual victimisation appeared to be merited

– Many jurors were influenced by expectations regarding the instinct to fight back, the compulsion to report immediately and the inability to control one’s emotions

– Many jurors additionally harboured unrealistic expectations regarding the association of sexual assault and physical injury

– Jurors who received educational guidance were less likely to consider the fact of a 3 day delay before reporting, or a calm demeanour, as necessarily problematic.

– Expectations regarding complainant injury/resistance were harder to shift.

Page 40: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

Where does this leave us?

Ellison & Munroe (2009) – delayed reporting

Page 41: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

Where does this leave us?

Ellison & Munroe (2009) – demeanour

Page 42: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

Where does this leave us?

Ellison & Munroe (2009) – physical injury

Page 43: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

Where does this leave us?

However… In the UK, psychological evidence is still inadmissible

in rape trials, yet widely used in asylum and family court proceedings

Teaching and service development is a start but the integration of psychological evidence and understanding into the current system is a slow process..

There often seem to be more questions than answers as to how we can best work psychologically with traumatised clients going through the Criminal Justice System.

Page 44: From Report to Court: Psychology, Trauma and the Law Dr Sarah Heke Director of the Institute of Psychotrauma Dr Georgina Smith Specialist Clinical Psychologist,

ReferencesReferences American Psychiatric Association (1994). Diagnostic and Statistical

Manual of Mental Disorders (4th Ed.). Washington D. C.: American Psychiatric Association.

Andrews, B., Brewin, C. R., Philpott, R. & Stewart, L. (2007). Delayed-onset Posttraumatic Stress Disorder: A Systematic Review of the Evidence. American Journal of Psychiatry. 164, 1319-1326.

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