HAWAI’I'S CHILDREN’S JUSTICE CENTERS ASSIST YOUNG VICTIMS OF SEXUAL ABUSE

By Denise Yuki

            In Hawai`i, more than 50 percent of reported victims of crime are under 18 years old. Research shows that one in four girls and one in six boys will be sexually assaulted by the time they are 18. While these numbers may seem staggering, the actual statistic is unknown because child sex abuse is often not reported. Some studies conclude that only 10 percent of children “tell.”

            The long-term emotional and psychological damage of sexual abuse can be devastating to a child and an episode should be handled swiftly. Some signs can only be detected through physical examination by a physician. Child sexual abusers can make the child extremely fearful of telling, and oftentimes special efforts need to be made so that the child may feel safe.

            Such efforts are taking place and help is available. Hawai`i’s Children’s Justice Centers are programs of the Hawai`i State Judiciary that offer necessary professional help and support for victims on all islands. On average, approximately 1,300 children are seen per year.

            The Centers provide nurturing environments that bring together a team of professionals who coordinate their activities and investigations of child abuse and neglect in unique public/private partnerships between the Judiciary and the community. Due to the sensitivity of the situation, in addition to the fragility of a young child’s developing mind, the standard judicial protocols are made more difficult when dealing with a young victim who has witnessed or experienced sexual abuse. The Justice Centers are there to ensure that the investigation process goes as quickly and smoothly as possible, with specialized programs for every age group ranging from pre-school to adolescent.

            If a child says that he or she has been molested, parents should try to remain calm and reassure the child that what happened was not their fault. Parents should then seek a medical examination and psychiatric consultation.

            Many families would like to see their child’s offender brought to justice. The Justice Centers and the State’s Judiciary website not only provide information on psychological and emotional services, it also provides information on what steps need to be taken to proceed with legal action.

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To access the Justice Center’s Services,  families can go to the Hawai’i State Judiciary website and follow these simple steps.

1. Go to the State Judiciary website at http://www.courts.state.hi.us/

2. There will be blue sub-headings at the top of the page. Scroll your mouse over “Services”, and click on “Children’s Justice Centers”.

This is a direct link to the program’s page.

3. On the Justice Center’s home page, there are links on the left side that have specific services links listed, such as “Find a Mediator” or “Victim Assistance.”

4. On the right side of the home page, there is a box that includes links for more information on the Children’s Justice Centers, as well as how to contact a Center, and where the nearest Center is located.

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Victim Assistance

This link has information on criminal justice matters. It includes more links that will lead you to the page to get the information you need. These links are:

Your rights as a victim of a criminal act

How Adult Client Services assists crime victims

How to submit a victim impact statement

Sentencing of the offender

How to seek restitution from the offender

How to seek government compensation for certain types of crimes

How to be notified or comment on an offender’s transfer request to another state

Where to go for help

It is important to stress that sexually abused children and their families need immediate professional evaluation and treatment. Child and adolescent psychiatrists can “help abused children regain a sense of self-esteem, cope with feelings of guilt about the abuse, and begin the process of overcoming the trauma.” Such treatment can help reduce the risk that the child will develop serious problems as they mature into conscientious and contributing adults of society.

 

 

 

Signs that your keiki might be a victim of sexual abuse

-Unusual interest in or avoidance of all things of a sexual nature

-Sleep problems or nightmares

-Depression or withdrawal from friends or family

-Seductiveness

-Statements that their bodies are dirty or damaged, or fear that there is something wrong with them in the genital area

-Refusal to go to school

-Delinquency/conduct problems

-Secretiveness

-Aspects of sexual molestation in drawings, games, fantasies

-Unusual aggressiveness

-Suicidal behavior

JURY DUTY: IT’S YOUR CIVIC RESPONSIBILITY (AND IT’S NOT OPTIONAL)!

By Kevin Kawamoto

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed…” – U.S. Constitution, Sixth Amendment.

Sideview of a jury box at the Hawaii Judiciary History Center on the ground floor of Ali'iolani Hale, 417 S. King Street, behind the Kamehameha Statue in downtown Honolulu. Admission is free.

If your hypothetical friend John is arrested and charged with a serious crime, he has the right to a jury trial. What constitutes a serious crime? Any offense for which the potential punishment is greater than six months in prison, according to the American Judicature Society. So, let’s say John was arrested and charged with second-degree homicide. If found guilty of such a crime, John’s time behind bars would be potentially more than six months, right? In this case, unless he waives his right to a jury trial, the state is required to provide him with a jury trial. This is his Constitutional right. Civil trials also have juries under certain conditions, but this article will focus on criminal trials to keep things simple.

Who are these jurors who will sit and listen to the evidence presented at trial and then deliberate over John’s guilt or innocence? These 12 individuals are John’s “peers.” They could be homemakers, teachers, cashiers, janitors, taxi drivers, fishermen, opera singers, college students, cooks, or retirees – just ordinary people you may encounter in everyday life. Of course, it is unlikely John would know any of these people personally. A lawyer for the prosecution would dismiss such a person because of the potential for bias. The point is that the jurors who end up serving on this case would be ordinary citizens, not professional jurors. It is every citizen’s responsibility by law to serve on a jury if summoned, unless there is a valid reason for being excused.

In Hawaii, the Hawaii State Judiciary handles jury selection. If you haven’t already been summoned for jury service, you may not know what to expect. Here’s what happens, based on a combination of direct observation and official documents explaining the procedure from the Hawaii State Judiciary.

You’ll get an official letter in the mail from the court that needs your service – e.g., Circuit Court of the First Circuit. This letter will tell you where you need to report: the name of the courthouse (e.g., Ka`ahumanu Hale) and the address (777 Punchbowl Street), as well as the date and the room number – but not the time that you need to appear.

To find out the actual time that you need to appear in court, you have to either call the Jury Information Line (808-539-4363) or check the Hawaii State Judiciary’s website the evening before your scheduled date. On your jury service summons, there is a nine-digit Participant Number.  You need to provide this number on the Web or phone to find out the status of your jury service. You may be informed that the trial has been settled and that you are no longer needed or that there has been a postponement. Or you may be given a time to appear in court for jury selection.

Keep in mind that jury service is not optional! You can’t decide that because you have classes that day or have to report to work that you can ignore your summons. The jury summons letter makes it clear – IN CAPITAL LETTERS – that there are consequences for not responding to a summons for jury service: “FAILURE TO APPEAR AS SUMMONDED MAY RESULT IN THE ISSUANCE OF A BENCH WARRANT FOR YOUR ARREST AND MAY BE GROUNDS FOR CONTEMPT PROCEEDINGS UNDER 710-1077 (1)(i) OF THE HAWAII REVISED STATUTES.”

There are some qualifications for serving on a jury in Hawaii. A potential juror must be a U.S. citizen (born or naturalized in the U.S.); a resident of Hawaii; a resident of the Circuit; 18 years or over; able to read, speak, and understand the English language; and has not been convicted of a felony in the State or Federal Court. Being a resident of the Circuit means a resident within a particular Circuit Court’s jurisdiction. The First Circuit, for example, covers all of the island of Oahu.

You can request a postponement of your jury service if you have a legitimate scheduling conflict, and this request may or may not be granted, but you are allowed only one deferral each time you are summoned. There are certain people who are excused (exempt) from jury service: an elected official during the legislative session; a judge; a practicing physician or dentist; a member of the U.S. armed forces deployed out-of-state; an active member of the police, fire or emergency medical services; or someone 80 years or older.

If you do appear for jury service, dress appropriately. No shorts, slippers, tank tops, or hats. You might want to bring a jacket or sweater if you are sensitive to cold. No gum chewing, drinking, eating, or smoking. Children should not be brought to court, unless they are part of the court proceedings.

Hawaii law prohibits employers from firing an employee because of jury duty, but employees should let their employers know as a courtesy about a jury summons as soon as the summons is received.

Jurors do receive some compensation. For the First Circuit, the amount is $30 for each day of jury service plus round-trip mileage at 33 cents per mile from home to the courts.

Let’s say that you call about your summons for jury service the evening before the day you are scheduled to appear, and the recording tells you where to meet and what time. When you get to that location at the designated time, you will not begin serving on a jury right away. The judge will want to hear if you have any hardships that would make it difficult for you to serve. You will not necessarily be excused just for stating a hardship, but if you legitimately have one, it may be taken into consideration in excusing you from duty. Then there is the jury selection process known as voir dire (pronounced vwah deer), during which attorneys (the prosecuting attorney and the defense attorney for a criminal trial) question prospective jurors in front of a judge to see whether selected members from the jury pool can be fair and impartial.

During voir dire, attorneys will have some basic information about prospective jurors from a questionnaire submitted earlier. But the process allows attorneys to get more specific, asking questions about prospective jurors’ backgrounds, qualifications, education, potential biases, and basic understanding of the law. They may test your understanding of principles such as “the presumption of innocence,” “burden of proof” and “beyond a reasonable doubt.”

During voir dire, 12 prospective jurors are seated in the jury box, and others are seated in the observation area (where the public sits during a trial). If a prospective juror in the jury box is excused during voir dire, that person leaves the jury box, and another prospective juror is called up from the observation area to take the vacant seat. The process continues following a prescribed set of rules until 12 jurors are selected for the trial. Once the 12 jurors are selected, the remaining members who were not selected are thanked for their time and dismissed. With the jury selected, the trial is ready to begin.

Some people dread “jury duty” and think of various ways to get out of it.  However, serving on a jury is a civic responsibility. Finding responsible, competent people to serve on juries is important to a defendant receiving a fair trial.

The Hawaii State Judiciary’s website says that “[f]or many people, jury service is the most direct, hands-on involvement in government they will ever experience. It is also rewarding to know that by serving on a jury, you are serving the community in which you live.”