他们告诉我,我不是本案的当事人":儿童和青少年在遭受性虐待后参与和被排除在刑事司法程序之外的经历。

IF 3.4 2区 心理学 Q1 FAMILY STUDIES Child Abuse & Neglect Pub Date : 2024-10-25 DOI:10.1016/j.chiabu.2024.107078
Jonathan Piamenta, Tali Gal
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引用次数: 0

摘要

背景:在对施暴者提起刑事诉讼的过程中,遭受性虐待的青少年从最初的报案到调查、起诉准备以及出庭作证,都面临着诸多挑战。尽管国际和国内规范都规定儿童有权参与对其有影响的决策过程,但在整个针对施虐者的刑事诉讼过程中,儿童参与权的实现往往受到限制:本文旨在描述遭受性虐待的青少年在刑事诉讼过程中参与决策过程的经历,并将其概念化:这项定性-现象学研究基于 12 名以色列性剥削青少年(14-22 岁)的叙述,他们在受害后参与了刑事司法程序:方法:进行半结构式访谈,并对访谈内容进行归纳分析,直至形成理论概念:我们确定了四大主题,这些主题影响着年轻受害者参与整个刑事诉讼过程的方式:(1)向他们提供清晰且适合其年龄的信息的程度;(2)参与者对信任关系的需求;(3)被忽视和排斥的经历;以及(4)对儿童使用的操纵或胁迫方法。从受访者的叙述中可以看出,参与经历在很大程度上受到儿童周围人的行为和方法的影响:研究结果表明,青少年受害者参与刑事诉讼过程是在一个生态系统中发生的,并证明了他们周围的人是如何促进或阻碍他们有意义和安全地参与刑事诉讼过程的。还需要进一步研究,以便在更大和更有代表性的样本中检验这些初步结果。
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'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.

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.

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来源期刊
CiteScore
7.40
自引率
10.40%
发文量
397
期刊介绍: Official Publication of the International Society for Prevention of Child Abuse and Neglect. Child Abuse & Neglect The International Journal, provides an international, multidisciplinary forum on all aspects of child abuse and neglect, with special emphasis on prevention and treatment; the scope extends further to all those aspects of life which either favor or hinder child development. While contributions will primarily be from the fields of psychology, psychiatry, social work, medicine, nursing, law enforcement, legislature, education, and anthropology, the Journal encourages the concerned lay individual and child-oriented advocate organizations to contribute.
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