Originally published at: https://prostasia.org/blog/the-criminal-justice-system-discourages-reporting-and-fails-survivors/
The goal of reporting a sexual offense is generally to get help and justice for the victim, and to prevent offenders from harming others. However, the current criminal justice system often makes these goals hard to achieve, and can retraumatize victims and discourage reporting. We need more focus on victims needs One major problem with…
Yep, that is exactly what every german sex expert said when the government wanted to raise penalty for CSAM. Almost 40% of CSAM cases are committed by teens here and instead of getting help they now get punished even harder. Usually, they would just cease the case and have a word with them, or make them do social work.
Now that abuse is in a different crime category it will now always require a public hearing where the victim has to describe everything. Usually they did this behind closed doors if it was a minor case of abuse, or it would have been handled through a penalty order. Despite every expert, that was called to comment on the draft, not recommending this change they did it anyways.
Harder punishments without any prevention elements added is an awful idea. In Taiwan you get a joker card basically and are forced to go to therapy if you are caught with CSAM for the first time. That seems more reasonable, because you have the shock of being caught, the therapy and the reminder that next time is gonna be an actual penalty.
Reminds me of the same issue about reporting yourself for having thoughts of self-harm.
Typically what happens is they call the cops (who will more than likely be in a shitty mood and have zero training) then drag your ass to the hospital, have you evaluated after waiting a few hours. Maybe tie you down with straps, evaluate you, draw your blood regardless if you consent or not, and send you off to a cold, depressing hospital for about three days. They’ll take your shoes, belt, and any dignity you thought you still had. Then you’ll be around a bunch of people, ranging from cynical doctors and hostile employees to somebody in your room trying to feel you up. Eventually you’ll see a doctor for five minutes, he’ll increase or add a medication, and then send you home a few days later. You’ll be forced to sign a waiver that prohibits you from owning any firearms for x amount of years.
Two weeks later, you’ll get a wonderful hospital bill for anywhere between $1,000-20,000. It’ll go to collections and screw up your credit report for about 5 years. The underlying issue will still remain, tax dollars and healthcare employees will have wasted their time, and life goes on.