'They told me I was not a party in this case': Children's and young people's experiences of participation and exclusion in the criminal justice process following their sexual maltreatment.

Abstract

Background: Sexually abused adolescents face numerous challenges during criminal proceedings against their perpetrators, from the initial report and during investigations, prosecutorial preparations, and testifying in court. Despite international and national norms regarding children's right to participation in decision-making processes affecting them, its fulfillment throughout the criminal process against their abusers is often limited.

Objective: The paper aims to describe and conceptualize the experiences of sexually abused adolescents of their participation in decision-making junctures during the criminal process.

Participants and setting: This qualitative-phenomenological study is based on the narratives of twelve Israeli sexually exploited youth (aged 14-22) who were involved in criminal justice processes following their victimization.

Method: Semi-structured interviews were conducted and analyzed inductively, until reaching theoretical conceptualization.

Results: We identify four major themes shaping the ways young victims experienced their participation throughout the criminal process: (1) The extent to which clear and age-appropriate information was delivered to them; (2) participants' need for a trusting relationship; (3) experiences of being ignored and excluded; and (4) the use of manipulative or coercive methods toward the child. Participation experiences were heavily influenced by the behaviors and approaches of the people around the children, as emerging from the interviewees' narratives.

Conclusions: Findings suggest an understanding of young victims' participation in the criminal process as occurring within an eco-system, and demonstrate how people in the circles around them can promote or hinder their meaningful and safe participation in criminal processes. Further studies are needed to test these initial results in larger and representative samples.