Expert Psychology In The Face Of Violence Against Women: What It Is, And Functions

The work of the forensic psychologist varies depending on the court who requested the preparation of the report in question.

On this occasion we are going to learn more about how one of these documents is developed when the applicant is the judge of violence against women courts We will discover what the most frequent actions of the psychologist expert may be within this area.

What does expert psychology in the face of violence against women consist of?

To talk about expert psychology in the face of violence against women, we must first make a brief introduction about the work carried out by forensic psychologists, in general. These professionals, also recognized as psychological experts, are the responsible for preparing an expert report in relation to a judicial matter in which, in one way or another, psychological issues are involved that must be assessed

Usually it is the judge himself who requests their help and therefore each court has a team of psychologists attached to it to prepare these documents. However, any of the parties may also hire a private psychologist to prepare a party report, if they deem it appropriate.

It is important that it be clear that, neither in expert psychology regarding violence against women, nor in the rest of the courts, do the reports made have binding power when making decisions. This task corresponds exclusively to the judge, who will be the one to hand down the sentence according to his criteria and knowledge, although it is true that, as he is not an expert in psychological matters, he will take into account the report prepared by the psychologists of the team of him.

Knowing this, we can now focus on the specific cases offered by expert psychology cases regarding violence against women. Therefore, we would be talking about forensic reports prepared by psychologists to advise cases that are being tried in gender violence courts that is, the specific courts for violence against women.

This type of courts, in Spain, were created following the promulgation of the Organic Law on Comprehensive Protection Measures against Gender Violence. This is, therefore, when the concept of expert psychology in the face of violence against women came into play, since the judges of these new courts needed and need the advice of forensic psychologists to be able to make decisions in certain matters that require their expertise. .

Areas of intervention in expert psychology in the face of violence against women

When we talk about the areas of intervention in which expert psychology can act in the face of violence against women, we must fundamentally distinguish between two well-defined areas. The first of them would be expert reports, something that we already anticipated in the introduction of this article.

This report is usually required by the judge in charge of the process, but it is also possible that it is requested by the Prosecutor’s Office itself or by one of the lawyers of the different parties involved in the trial, either the accused of committing violence against women, or the woman herself, the alleged victim of said attacks.

But it is important to highlight that the work of violence against women courts involves a series of actions in very different areas. Therefore, reports can be requested for procedures that fall within the civil field and others that, on the contrary, belong to the criminal field. In the case of civil expert reports, they may be oriented towards issues related to the care and custody of minors, the appropriate visitation regime for them, etc.

On the other hand, criminal proceedings can be directed at evaluating the mental state of one of the people involved in the trial, at estimating the risk that the alleged victim is running, at the level of danger observed in the alleged aggressor, and even at estimating the possible consequences or injuries that may have been left to the complainant of the events.

But in addition to the expert reports, Expert psychology in the face of violence against women can also deal with assistance issues for those involved in the judicial process In this sense, the judge may ask the forensic psychologist to be in charge of issues related to the containment, orientation or referral of any of these people, whether it is the woman, the alleged aggressor or their children. .

In the case of minors, a psychological examination can also be requested. In all these cases, what the psychologist will produce will be a care report, not an expert report. It is a different job from the cases we saw at the beginning, but all of them are tasks of expert psychology in the face of violence against women. Furthermore, assistance interventions can take place at various times in the judicial process, including quick trials, which are those carried out for the possible establishment of precautionary measures.

Forensic reports of violence against women in the civil area

It must be taken into account that when talking about the preparation of a forensic report within the context of expert psychology in the face of violence against women, in the civil area, the object of the report, that is, the request made by the judge , can usually coincide with what is done, for example, in family courts, without the need for there to be a question of violence involved.

In that sense, Reports could be requested for the evaluation of custody and custody as well as the visitation regime of the children, if any, either to establish it, modify it, or suspend it To do this, the parental capacities of both parents will have to be assessed. When the time comes, the appropriateness of a deprivation of parental authority and even the fostering of minors by State institutions could also be estimated.

But, logically, when talking about expert psychology in the face of violence against women, a series of additional considerations must be taken regarding these general issues. For example, the law prevents parents from reaching an agreement through a mediation process. Likewise, and for obvious reasons, a joint intervention by both parents is unfeasible.

Furthermore, at a legal level it could not even be considered, since it is most likely that distancing measures have been established between the aggressor and the victim. It is also common to resort to family meeting points as a safe area to visit minors, under the control of a State institution. Likewise, a shared guardianship and custody regime cannot be considered either.

We must not forget at any time that The psychologist expert is carrying out assessments about a family in which there is allegedly a history of abuse that affects the mother and even the children themselves Therefore, if performances must always be impeccable, in this context it is even more important, if possible.

Forensic reports of violence against women in the criminal area

But reports in the civil area are not the only ones that expert psychology in the face of violence against women faces. Cases that belong to the criminal area can also be evaluated. Therefore, the object of the expert opinion can be very varied. The judge may request the help of the expert, for example, to evaluate the mental and/or emotional state of the complainant, the accused, the minors or all of them.

In the case of the complainant and the minors, the vulnerability factors that may be occurring can also be studied Likewise, an assessment of the credibility of the testimony can be requested, if the judge believes it is pertinent. Other issues that can be studied are the possible consequences for the complainant due to the alleged abuse. You can even estimate the risk you are taking.

Other evidence may also be requested from minors, for example to assess the possible existence of physical and psychological abuse towards them, and even possible sexual abuse. The forensic psychologist can also be asked to assess possible manipulation or alienation of minors by the parents.

Regarding the defendant, other issues that expert psychology can address regarding violence against women are those related to the assessment of their cognitive and volitional abilities and therefore the degree of imputability in the event of the commission of an alleged crime You can also estimate the probability of substance consumption that could be affecting these abilities.

Of course, the judge can also request an expert report in order to determine the dangerousness of the subject as well as the risk that he or she will commit violent behavior towards the complainant or other people.