The utility of trauma evaluations in judicial decision-making in child sex trafficking cases: A qualitative analysis

Abstract

Youth coerced into trafficking experience multiple forms of abuse, and are deprived of basic human rights associated with liberty and self-determination, all of which can adversely affect mental and psychological well-being (Ottisova et al., Behavioral Medicine, 44(3), 234-241.). This study uses a qualitative approach to exploring how judges use trauma-related information to make decisions about how to adjudicate cases involving minors who have been sexually trafficked. Additionally, the study identifies barriers to receiving data, the court resources needed to effectively respond, and potential remedies to address gaps in effective case management. The study uses data from 82 juvenile and family court judges from around the USA 27-item structured interview was used to determine the availability and utility of trauma services, needed resources, and solutions to overcome gaps in effective case adjudication. Themes emerged related to lack of access to and timing issues that limited the utility of reports, lack of congruency between recommendations and available resources and child and family resistance to disclosures. Solutions to overcome barriers are related to increased cross-disciplinary collaboration, awareness and responsiveness. Legal remedies such as Safe Harbor laws can only be realized if the systemic context is aligned and appropriately resourced toward responsiveness.