How To Show That I Am Not An Abuser From Forensic Psychology?
Judicial processes are an attempt to apply justice taking into account indications and evidence that allow us to know, to the extent possible, what happened in the past so that, based on those facts, it is possible to apply the law.
Now, all this becomes very complicated when the information to be considered does not have to do with specific objects or places, but rather with patterns of behavior or even psychological processes, phenomena that by their very nature are very difficult to capture in a judgment if they have not been captured directly in videos, recordings… Something that, in any case, does not allow an infallible interpretation totally free of bias.
In these cases, forensic psychology is of great importance, the branch of legal psychology that helps develop judicial processes by providing all the relevant information to know as accurately as possible what happened and its criminal or legal implications. In this sense, here we will talk about How forensic psychology can intervene to contribute to the defense against an accusation of mistreatment
Cases of abuse can occur even if they do not leave easily observable and identifiable consequences as such. The classic example is that of a marriage or dating relationship in which the person who usually attacks and puts the other person in a position of victimization never resorts to physical violence, but limits themselves to harming them through insults, humiliation. constants, etc.
It might seem that as long as everything is done verbally and avoiding leaving anything in writing, there is no way to show that this mistreatment has occurred in the absence of witnesses; However, abuse very rarely occurs in this kind of void, and in the vast majority of cases it leaves traces that give clues about its existence, both in the victim and in the aggressor. Although past actions are not palpable, that does not mean that they are not objective phenomena and, consequently, cannot be studied based on objective facts.
This has implications when defending yourself against accusations of mistreatment. And there are certain patterns of behavior and ways of externalizing the emotions and ideas that They reduce the plausibility of the hypothesis that attacks have occurred that could be interpreted as mistreatment , or at least not according to the explanations given by the prosecution. Let’s look at it in a little more detail in the next section.
How to defend yourself against an accusation of abuse from forensic psychology?
exist different ways through which it is possible to defend oneself against an accusation of mistreatment from forensic psychology but in general, all of them can be classified through three categories.
In the first two cases, from forensic psychology information is provided that contributes to contextualizing or refuting part or all of the material provided by the accusation to try to prove that abuse has occurred.
For example, it may happen that the use of certain words that can be interpreted as direct insults and part of a pattern of behavior that fits with psychological abuse is, in reality, a BDSM-type sexual play routine (and therefore, previously consensual and with mechanisms to know how to stop at any time), or even evidence or indications can be shown that the accused person is not even the main interested party in these dynamics, but rather that everything arises at the initiative of the other person.
Another example would be the case of a person accused of abuse who has been showing an attitude of complete submission for some time in the face of fear of threats of denunciation, and who in situations in which it would be reasonable for him to take full control of the relationship in case of showing violent and/or authoritarian tendencies, does just the opposite, without this being seen as an anomaly by either party (suggesting that this is what usually happens in cases like this).
In the third case, that of counter-examination and evaluative analysis, from forensic psychology an evaluative report is made of a previous expert report. In the evaluative analysis counterarguments and alternative explanations are shown to the objective information contemplated in the preparation of that first report.
On the other hand, in the counter-expertise, possible methodological flaws or limitations not previously discussed about the expert report on which work is being done, so that richer information, full of nuances and, consequently, less likely to be biased, is available when carrying out the trial. Thus, while in the evaluative report of a psychological expert opinion, more in-depth issues are addressed, while in the counter-expert report, technical and formal issues are addressed.
It should be said that a psychological expert report It is not a document from the person who hires you : The psychologist is not “bound” by the client’s interests nor does he adopt the role of a lawyer, but is limited to exploring a specific topic in search of information that has not been considered and that may be relevant in a trial. In this way, significant information is unified to prepare the defense in a trial, defense lawyers have the opportunity to raise key questions in the trial based on what is reflected in the expert opinion, and counterarguments can be made better.
Are you looking for forensic psychology services to prepare expert reports?
If you are interested in having psychological support in a judicial process linked to an accusation of abuse, contact us.
In Azor & Associates We have been offering services not only for psychotherapy, but also for forensic psychology for many years; We work in cases of accusations of mobbing or bullying, abuse in the context of the family or the couple, given the need to make counter-reports, for cases in which the parental competence of the fathers and mothers or the imputability of a person must be evaluated. , the assessment of psychological consequences after an attack or accident, etc. You will find us in Madrid and in Tres Cantos.
