The Scandal in Our Own Backyard

“There is something bad happening to our children in family courts today that is causing them more harm than drugs, more harm than crime and even more harm than child molestation,” said Judge Watson L. White from Cobb County, Georgia, Superior Court.

In researching for my book, Puppet Child, I discovered that “something bad” to be the judges, especially when it comes to adjudicating allegations of child sexual abuse.

In Clarke v. Cowles in California, eight-year-old Loren (not her real name) told her caseworker and later her psychological evaluator, “Daddy licks his fingers before he puts them in my vagina.” The first report was suppressed by the judge, the latter was never presented at the trial. The father was awarded full custody while the mother received supervised visitations on the unproven assumption that she had brainwashed her daughter. Years later, after the girl wrote repeatedly to her caseworker about molestation, a judge refused to hear the evidence because the question of sexual abuse had been decided five years before.

Loren is only one child out of thousands being handed to their abusers. According to The American Judges Foundation, in 70 percent of cases in which abusive men ask for custody, they succeed in gaining full or joint custody. This national scandal is made possible by the secrecy within the Family Court System and by public disbelief in the scope of the problem. The very system designed to safeguard helpless children has become a national disgrace as injustice has reached epidemic proportions.

Whatever you have ever known about democracy becomes irrelevant at the gate to family court. There, one person is judge, jury, and executioner. Paradoxically, a family court judge is the one professional in the courtroom who is not required to be trained in domestic violence and child abuse. As a result, wrapped in their own mix of prejudices, religious beliefs, or misguided assumptions, all too many judges are ignorant about the dynamics of family abuse, ignorant about the nature of child molestation, and ignorant about the ways in which an abuser manipulates the courtroom as the arena where he can hand a woman the final blow by taking her children away.

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11.25.2009
Nicky Davis
I am all too familiar with these topics having endured incest and emotional abuse in childhood, and have an abusive husband. You are absolutely spot on. This should be required reading for anyone working in this area. What makes such situations even more damaging than the sexual abuse itself is the way the child's attempts to tell the truth about their situation are treated. Every judge who dismisses a child's story, treats them as a liar, or hands them back into the hell they are trying to escape from is inflicting just as much harm as the monster who uses their body for sexual gratification. And to those people lucky enough not to have learned the true meaning of evil at such a young age, if you think it's hard to have to listen to these stories, imagine how hard it is to have absolutely no choice but to live it. With no one to believe you, and those supposed to protect you abandoning you, or even helping your abusers. The kids living that hell today need you to listen and act.
10.28.2009
Heres a Gem
Heartwrenching, Talia. A difficult topic to read, let alone research and write about. Great job! I admire you for bringing awareness to this issue. I am also very concerned about the injustices in the justice system, although admittedly, this is simply heatbreaking. I hope the parents of these children can find a way to fight back and protect their babies from the parents who abuse them. They need to be able to have a voice, whether they can afford an attorney or not.
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