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 know as far as 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 with patterns. of behavior or even psychological processes, phenomena that by their very nature are very difficult to capture in a trial if they have not been captured directly in videos, recordings... Something that, in any case, does not allow an infallible interpretation and totally free of biases.

In these cases, forensic psychology is of great importance, the branch of legal psychology that helps develop legal processes. providing all the relevant information to know as accurately as possible what happened and its criminal implications or legal. In this sense, here we will talk about how you can intervene from forensic psychology to contribute to the defense against an accusation of ill-treatment.

• Related article: "Forensic Psychology: definition and functions of the forensic psychologist"

The psychological implications of abuse

Cases of mistreatment they can occur even if they do not leave sequelae that are easily observable and identifiable as such. The classic example is that of a marriage or dating relationship in which the person who tends to attack and put the other in a position of victimization never resorts to physical violence, but is limited to harming her through insults, constant humiliation, 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 abuse has occurred in the absence of witnesses; however, abuse very rarely occurs in these types of gaps, and in the vast majority of cases leaves traces that give clues about its existence, both in the victim and in the aggressor or in the aggressor Although past actions are not palpable, that does not mean that they are not objective phenomena. and that, therefore, cannot be studied based on objective facts.

This has implications when it comes to defending against accusations of ill-treatment. And it is that there are certain patterns of behavior and ways of externalizing the emotions and the ideas that subtract plausibility from the hypothesis that there have been attacks that can be interpreted as ill-treatment, or at least not according to the explanations given by the prosecution. Let's look at it in more detail in the next section.

• You may be interested: "Clinical and forensic implications of post-traumatic stress"

How to defend yourself against an accusation of ill-treatment from forensic psychology?

exist different ways through which it is possible to defend oneself against an accusation of ill-treatment from forensic psychology, but in general, all of them can be classified by three categories.

• The preparation of an expert report on the accused person, showing patterns of behavior incompatible with the accusation.
• The preparation of an expert report on the accused person, in which the consequences of victimization are reflected in the face of an alleged dynamic of manipulation by the person who accuses.
• The performance of a counter-expert report or an evaluative analysis in response to a previous expert report that provides information in favor of the hypothesis of mistreatment by the accused party.

In the first two cases, from forensic psychology information is provided that contributes to contextualize or refute part or all of the material provided by the prosecution 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 the psychological abuse is, in fact, a BDSM-type sexual game routine (and therefore, previously agreed upon and with mechanisms to know how to stop at any time). moment), or even evidence or indications can be shown that the accused person is not even the main interested in these dynamics, but that everything arises at the initiative of the other person.

Another example would be the case of a person accused of mistreatment who has been showing an attitude of complete submission for some time in the face of fear of threats of complaint, and that in situations where it would be reasonable for him to take full control of the relationship if he shows violent tendencies and/or authoritarian, it does just the opposite, without this being seen as an anomaly by either side (suggesting that it is usually occur in such cases).

In the third case, that of counter-expertise and evaluative analysis, from forensic psychology an evaluative report is made from 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, the possible methodological flaws or limitations not previously discussed about the expert report on which they work, so that in carrying out the trial, richer information is available, full of nuances and, therefore, less likely to be biased. Thus, while in the appraisal report of a psychological expert report more substantive issues are addressed, while in the counter-expert report technical and formal issues are addressed.

It must be said that an expert psychological report It is not a document from the person who hires you.: the psychologist is not "bound" by the interests of the client nor does he adopt the role of a lawyer, but is limited to explore a specific topic in search of information that has not been considered and that may be relevant in a judgment. In this way, the significant information is unified to prepare the defense in a trial, the defense lawyers they have the opportunity to raise key questions in the trial based on what is reflected in the expert opinion, and can be counterargued better.

• Related article: "The 3 psychological elements of imputability"

Are you looking for forensic psychology services to prepare expert reports?

If you are interested in having psychological support before a judicial process linked to an accusation of abuse, please contact us.

On Azor & Associates We have been offering services not only for psychotherapy, but also forensic psychology for many years; We work in cases of accusations of mobbing or bullying, mistreatment in the context of the family or the couple, given the need to make counter-reports, for cases in which that it is necessary to evaluate the parental competence of fathers and mothers or the imputability of a person, the assessment of psychological sequelae after an attack or accident, etc. You will find us in Madrid and in Tres Cantos.