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Kahle: Making legal system more child friendly
Saturday May 30th
http://www.statesman.com/opinion/content/editorial/stories/05/30/0530child_edit.html

The little girl looked up from her artwork at another child and asked: "Is she here to talk about things, too?"

"Yep," I replied, "that's what we're here for." The child's relief at not being alone was palpable. That poignant scene played out at an Austin center for abused children and is a melancholy demonstration of strength in numbers.

That's why the child abuse legislation headed for Gov. Rick Perry's desk is so important; it fills the vacuum that exists because children can't rally large numbers like other interest groups.

Two bills directly reflect the important challenges faced by the teams of professionals who meet daily at children's advocacy centers across Texas to investigate, prosecute and provide healing. They also address the reality that our justice system is designed by adults, for adults, and frequently fails to recognize the unique needs of child victims.

The first, House Bill 2236, aims t encourage speedy trials in cases involving child victims. Under the legislation, judges could consider the effect on the child if a defendant requests multiple, unjustifiable continuances. It also asks that the judge specify on the record the reason for granting a continuance if the prosecutor so requests.

In Texas, there are instances of child abuse cases not going to trial for up to six years. Such delays can impede healing and make victims and their families reluctant to take part in the intimidating judicial process. Delays can also deny justice to the defendant and the victim, given that the victim's memory of details of the alleged abuse may fade over time. This problem is especially acute in sexual abuse cases because the victim is generally the only "witness," and physical evidence may be lacking, making the child's recollection of the abuse critical.

Finally, as one teenager who waited six years for a trial said, the worst part was knowing that the perpetrator was free for all those years to victimize others. Texas should join the 27 other states that have passed similar statutes, combining the protection of children with the cost-effectiveness of keeping our court system unobstructed.

The second, House Bill 3751, concerns the bond conditions of a defendant charged with hurting a child. It prohibits the defendant from directly communicating with or going near a home, school or other location frequented by the alleged victim, and it allows the denial of bail pending trial to a defendant who violates these conditions. It's hard to believe that these conditions aren't already required, and it's time to make sure that they are.

Joy Rauls, director of community relations at Children's Advocacy Centers of Texas, notes that, while it's imperative to protect the rights of defendants, it is also critical that children be viewed as different from adult victims. This recognition of a child's unique needs is at the heart of the children's advocacy center model. Some restaurants are child-friendly. Shouldn't our legal system be?

State Sen. Florence Shapiro, R-Plano, a backer of both bills, calls for ongoing vigilance in the battle against child abuse. "So often (children) get lost in the shuffle of an adult world," she said. These bills "will help expedite the legal process for cases involving abused children so that they do not have to relive the atrocities done to them."

Kahle is secretary of the Friends of Christopher GuildĀ - Center for Child Protection. For information, go to http://www.centerforchildprotection.org/volunteer/friends/

Source: Austin American Statesman