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 that has requested the preparation of the report in question.

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

• Related article: "Psychological expert report: what is it and how is it done"

What is expert psychology in the face of violence against women?

To talk about expert psychology in the face of violence against women, we must first make a small introduction about the work carried out by forensic psychologists, in general. These professionals, also recognized as expert psychologists, are the in charge of 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, either party may also hire a private psychologist to prepare a party report, if it deems it appropriate.

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

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

This type of court, in Spain, was created as a result of the enactment of the Organic Law of Comprehensive Protection Measures against Gender Violence. It is there, 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 on certain matters that require their expertise.

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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 these would be that of expert reports, something that we already anticipated in the introduction to 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 Public Prosecutor itself or by one of the lawyers of the different parties involved in the trial, either the accused of exercising violence against women, or the woman herself, the alleged victim of said attacks.

But it is important to note that the work of the courts for violence against women involves a series of actions from very different spheres. For this reason, reports can be requested for procedures that fall within civilian territory and others that, on the contrary, pertain to criminal matters. In the case of civil experts, they can be oriented to issues related to the custody and custody of minors, the appropriate visitation regime for them, etc.

On the other hand, the penalties can be directed to the evaluation of the mental state of one of the persons involved in the trial, to the estimation of the risk that the alleged victim, to the level of danger observed in the alleged aggressor, and even to estimate the possible consequences or injuries that may have remained in the complainant of the facts.

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

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

Forensic reports of violence against women in the civil area

It should be borne in mind that when talking about conducting a forensic report within the context of expert psychology before violence against women, in the civil area, the object thereof, that is, the request made by the judge, may coincide usually with which they are made, for example, in family courts, without the need for there to be a question of violence against via.

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

But, as is logical, when speaking of expert psychology in the face of violence against women, a series of additional considerations must be taken on these general questions. 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 not feasible.

Furthermore, at the legal level it could not even be raised, 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 custody and custody regime cannot be considered.

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

Forensic reports of violence against women in the criminal area

But the reports in the civil area are not the only ones that expert psychology in the face of violence against women faces. Cases belonging to the penal area can also be evaluated. Therefore, the object of the expert can be very varied. The judge may request the help of the expert, for example, to assess 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 may be requested, if the judge considers it 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 tests can also be requested from minors, for example to assess the possible existence of both physical and psychological abuse towards them, and even possible sexual abuse. The forensic psychologist can also be asked to assess a possible manipulation or alienation in minors by their parents.

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

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

Bibliographic references:

• Echeburúa, E., Fernández-Montalvo, J. del Corral, P. (2009). Predictions of risk of homicide and serious violence in intimate relationships. Valencia: Reina Sofía Center for the Study of Violence.
• Hirigoyen, M.F. (2005). Battered women, the mechanisms of violence in the couple. Paidos.
• Labrador, F.J., Rincón, P.P. (2004). Women victims of gender violence. Editorial Pyramid.