Part 6. Legal-System Tools and Resolution Processes
That Prioritize Institutions Over Individuals
Having looked at different ways people integrate their beliefs and actions about abuse, we will now focus in on specific means that promote institutions instead of protect individuals. We need to do this because not all facets of so-called “investigations” or “reconciliations” are geared to serve survivors and the vulnerable by: (1) finding the truth, (2) rectifying the sources of abuse, and (3) dealing justly with the consequences.
Some tactics actually silence victims. Others effectively limit liability to individuals and organizations involved with abuse. Some purported resolution processes ultimately fail to prevent future abuse because they do not dismantle current systemic abuse.
This post describes common legal-system tools and resolution processes encountered by abuse survivors, and analyzes how these favor institutions instead of individuals. It offers frameworks, short examples, and case studies for evaluating the destructive net impact of these methods on survivors in recovery. It also lays out a better way forward with an alternative path of “truth-finding before reconciliation.” Continue reading
The most recent Research Tools post was State-by-State Laws on Sexual Violence Issues, Including Clergy Sexual Misconduct (aka “Fiduciary Duty”). There is some overlap between this post and that one’s sources for links. But that one is on broader concerns of sexual violence while this post focuses in on the issue of clergy as mandatory reporters of known/suspected child sexual abuse. Continue reading