No Euphoric Cure for Prolonged Mental Torture
- CW
- Jun 6, 2016
- 3 min read
There has been a concerted effort to seriously raise the profile of mental health issues this year and many people have been instrumental in trying to break down the taboo and get mental health to be taken more seriously than it has done in the past.
Recently questions have been asked about the impact that disturbing evidence can have on jurors in serious cases. This is a really important consideration indeed, as people undertaking jury duty are performing a civic duty and, as such, they should be protecting from any harm or distress that role might cause them. On the news today another issue in the criminal justice system has been raised with regards to mental health - and it has been something I have wondered about for some time. That is the impact left on Police Officers who repeatedly have to view images and video recordings of child pornography (which one can only assume can be some of the most distressing evidence for even the most hardened officers struggle with).
If you further add this to the duty of care that the police take when interviewing victims of abuse, and the care that courts take to support victims and witnesses in such difficult cases (especially where children are involved), it appears that mental health is being take quite seriously indeed across the whole of the legal system.
Well...ALMOST...
There is still one group. It appears that the accused is still expected to suffer serious attacks on their mental health irrespective of their status of "innocent until proven guilty". What most people fail to appreciate is that when one becomes a victim of a false allegation that alone can be devastating. To then be forced to wait for months, or well over a year even to find out if you have been charged prolongs this damage and leaves many people suffering profound effects including depression, anxiety, and PTSD. Just speak to anyone who has had to go through it. Add to that the extra strain if they are charged and then must face the trial, the fear of going to prison, and it is worsened still.
Even if the case is ended before trial (with "No Further Action"), or if the trial results in acquittal, that does not in anyway suddenly remove those mental health issues. It is rare that any closure is given by the acknowledgement that they are totally exonerated; there is never any admission (regardless of the strength of defence evidence) that anyone else might need to apologise for the undeserved ordeal.
Furthermore, there is no sudden end to the pain at the end of these kinds of experiences and the accused is merely sent on their way, often socially stigmatised, ostracised, loss or damaged career, damaged relationships with family and friends...and not even the slightest acknowledgement that the damage to their mental health matters to anyone, or is even considered relevant. And now consider those who are wrongfully convicted...that situation is even more profoundly felt, of course. Winning an appeal does not bring an end to their suffering.
It is not enough to disregard their mental health just because they were finally "found innocent" of something they never did. That is not justice.
The is no euphoric cure for prolonged mental torture.
Now imagine that happens to a child...
Surely if we are going to take mental health seriously in the legal system, that should be done for everyone involved. Everyone has the right to be treated without cruelty and there are few things more cruel and torturous to watch your own life and future threaten to slip through your fingers when you know that you have done no wrong.
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