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ADULT SURVIVOR LITIGATION AS AN INTEGRAL PART OF THE THERAPEUTIC PROCESS

NCJ Number
145392
Journal
Journal of Child Sexual Abuse Volume: 2 Issue: 1 Dated: (1993) Pages: 121-128
Author(s)
S Clute
Date Published
1993
Length
8 pages
Annotation
Many adult survivors of incest have begun to seek litigation as a means of dealing with the physical and emotional injuries experienced in adulthood as a result of their childhood sexual abuse.
Abstract
Litigation can be an integral part of the survivor's healing process if it pursues the positive goals of enhancing the survivor's ability to take control, regain self-esteem, and reject feelings of guilt or shame. The court is not a place where a survivor should act on the temptation to wreak vengeance on the abuser, because if such an approach fails, the survivor will be revictimized and the abuser will remain in power of the relationship. Some valid objectives of litigation include recovering monetary damages for the victim that can pay for therapy, exposing the abuser to other children and to society, and deterring the abuser from further acts of sexual assault. For an adult survivor to achieve a degree of healing through litigation, the treating therapist must be a willing participant. As the case progresses, the relationship between the therapist and attorney will be crucial to the success of the endeavor. The therapist will also be able to prepare the victim for the courtroom procedures and act as an expert witness. Attorneys who take on survivor litigation cases must be prepared to deal with issues of trust and trauma that they probably never experience in other settings.