Should a victim of crime go to therapy before testifying in court?
Often times people seeking out EMDR or trauma-focused cognitive behavioral therapy (TF-CBT) are doing so after a crime. These clients may be the victim of the crime or even witness to a crime. The good news is EMDR and TR-CBT are both effective in treating the symptoms some experience after a crime. Both typically reduce reactivity to triggers related to the crime and symptoms of PTSD. The bad news is this reduction in reactivity and possible loss of specific memories may affect court testimony or the victim’s perceived distress when recounting the events. As a therapist my personal opinion is that a person should get treatment as soon as possible after a crime. However, this is a decision for an informed victim/witness to make. Having a feeling of being in control of post crime is part of the healing process.
Therapy before or after testimony?
Especially with the use of EMDR images or details of an event may fade, blur, or disappear which could limit a person’s ability to provide the details requested in court. In some instances, these images sharpen, increasing the ability to recall details while still softening the emotional impact on the client. But I am not able to predict if a client will have a fading or sharpening of detail.
There is also something to be said about the emotional impact victim/witness testimony can have on a jury. After undergoing EMDR or TF-CBT therapy a client typically can talk about an event in a calm and detached way; perhaps not what a jury is expecting from a victim. When this was first brought to my attention by my clients, TF-CBT training, and prosecutors I was shocked that perceived distress could be a factor in a trial. Like I stated earlier; this article is about presenting victims with options so each person feels empowered to make a treatment decision.
Why do I mention this? Because I have had clients who have reported to me that their attorney or the District Attorney has requested they do not start therapy until after the trial. Wait what?!? Isn’t early therapeutic intervention important in treating trauma?… Absolutely! And it is completely within a victim’s rights to seek treatment as soon as they want. However, there is the reality of our court system and it is my goal that every victim of crime feels re-empowered in this journey through the courts and therapy; not revictimized.
So what are the options? I have had clients:
- Seek treatment ASAP (which most therapy modalities would recommend)
- Express they do not want to testify in court
- Request to have their testimony recorded before therapy begins and shown to the jury at trial (ask your attorney about this possibility)
- Withhold therapy until after testimony
Speaking to a trained therapist/law enforcement/attorney/advocate about your options may help you feel empowered in your journey. There is help out there for you. PTSD and symptoms of trauma from crime are treatable. I wish you well on your healing journey.
Information on how to apply for no cost to victims therapy/mental health by California Victims of Crime can be found here.
Kelly Burris is a Licensed Marriage and Family Therapist (86688) in California. Her office is located in San Clemente, South Orange County or services online for those located in California. She specializes in trauma treatment with EMDR and TF-CBT. She can be found at CaliCounseling.com