Does it make sense to file a criminal complaint in the event of abuse?
Filing a criminal complaint in the event of abuse? If your child has been abused, you naturally want the perpetrator to be punished for his or her actions. But is that what is best for your child? We have put together a list of what you should consider before filing a criminal complaint.
In each case of child abuse, it must be assessed individually whether reporting it makes sense or not. It depends on how severe and persistent the abuse was, whether the child was physically harmed, how old the child is, and whether the child can handle the rigors of a trial. The relationship between the perpetrator and the child also plays a role, to name just a few points of view. The only priority should be the well-being and protection of your child.
Filing a criminal complaint: pros and cons
Do you want to make an ad? Then you should always keep in mind that there is no going back. The police and prosecutors must examine the case objectively. In doing so, clues are also examined that exonerate the perpetrator. Every person is considered innocent here in Germany until proven otherwise. A sexual offense is an official offence. This means that criminal prosecution will continue even if you withdraw your complaint. A report should only be made if the victim is willing to testify and also wants the perpetrator to be punished. With young children, the parents take the decision in the best interest of the child. So weigh the pros and cons of filing a criminal complaint.
Per criminal complaint
- A conviction and punishment helps the victim to cope with the abuse.
- The sense of justice is strengthened when the offender receives punishment for his crime.
- A public conviction by a court in particular can give the child confirmation that he has been wronged.
- An abuser often has multiple victims. A conviction prevents the abuse of further victims.
Contra prosecution
- In a procedure, all the details of the crimes that the child had to endure at the hands of the perpetrator are discussed again. Sometimes the victim experiences setbacks in mental stability.
- An acquittal of the perpetrator usually hurts the victim even more than not filing a complaint. The child then assumes that he was not believed.
- The perpetrator often perceives an acquittal as an invitation to continue his crimes.
Have you already reported the culprit? Then it is advisable to get information from the counseling centers in your area about lawyers who already have experience with cases of abuse. Because it is advisable that the victim’s parents appear as joint plaintiffs. In this way, the relevant lawyer has access to all files and can better assess the processes. A police interrogation follows. Prepare your child for the interrogations and negotiations with picture books, for example, so that they are not intimidated. Some counseling centers even offer support in preparing for negotiations.
interrogations
After a complaint, there is first a police questioning. This is carried out by the criminal police, mostly with specially trained officers for the area of sexual offences. The public prosecutor’s office is then informed and they then decide whether the statement is sufficient to arrest the perpetrator. Then comes the indictment and the trial. If the evidence is insufficient, the proceedings will be discontinued. Then a complaint can be lodged. Depending on the situation, the victim is subjected to a full body examination. The child is examined for physical injuries. Sometimes such an examination can give the child security that it has not suffered any physical impairments. The time between the indictment and the actual trial can sometimes be very long. This “waiting time” is very stressful for the victim. Try to cope with this time together with the child with the help of counseling centers.
negotiation
The child is both victim and witness. It is usually the only “evidence”. This particular court situation can be very stressful for a child. This can make it seem nervous and implausible in front of the judge. Many factors can still support this: the perpetrator’s presence, a long waiting time until it is interrogated and the wrong questioning technique of the interrogator. If the child feels pressured, it may remain silent. It is important that the child’s dignity is recognized in court and that their statements are treated with respect. A child may also find it easier to testify if the parents are not present because they are still very ashamed. A person you trust who is not part of the family is often a better choice as an accompanying person. No matter,