CHILDHOOD TRAUMA AS MITIGATION MATTHEW MENDEL, PH.D. AGENDA Intro: About Dr. Mendel Life History based vs. Testing based evaluations Childhood sexual abuse (CSA) as a mitigating factor Characteristics of male CSA survivors Risk Factors & Protective Factors 03/26/2015 Dr. Matthew Mendel 2 www.mendelforensicpsych.com 1
AUTHOR: THE MALE SURVIVOR: IMPACT OF SEXUAL ABUSE Includes thorough review of the literature on sexual abuse of males Original research involving: questionnaire study of 120 male survivors and clinical interviews with 10 of these men Sage Publications (1995) 03/26/2015 Dr. Matthew Mendel 3 DR. MENDEL, EXPERT WITNESS Defendant sexually abused as a child Hired Sexual abuse suspected Childhood traumas: physical abuse, deprivation, neglect, violence, poverty, etc Tell defendant s story: Connect with jury Role Mini-biography of defendant Present the human being, not only focus on crime 03/26/2015 Dr. Matthew Mendel 4 www.mendelforensicpsych.com 2
LIFE HISTORY VS. TESTING BASED EVALUATIONS TESTING Predominant method of forensic assessment: Competency State of mind at time of crime Insanity Diagnosis Intellectual/Adaptive Functioning (Almost everything) LIFE HISTORY Alternative/Complementary approach to forensic assessment Goal is to tell the story of the defendant Primary sources of information: Interviews Collaterals Review of records Previous & contemporaneous evaluations 03/26/2015 Dr. Matthew Mendel 5 LIFE HISTORY BASED EVALUATION The focus is upon the life history of the defendant Minimal testing If appropriate, most common testing is CAPS re: PTSD (Generally, separate mental health expert does extensive testing) Conduct comprehensive interviews with a focus on childhood interview and/or read interviews with as many family members and other collaterals as possible review all available records consult with other mental health expert(s) on the case and review their testing conduct any additional testing necessary write a report. 03/26/2015 Dr. Matthew Mendel 6 www.mendelforensicpsych.com 3
EXPERIENCE Licensed psychologist 95 capital murder cases Court testimony North Carolina, Mississippi, Texas (provisional) 11 states federal jurisdiction military jurisdiction 16 cases 4 states US Military jurisdiction 03/26/2015 Dr. Matthew Mendel 7 RELEVANCE OF CHILDHOOD SEXUAL ABUSE TO CRIME HOW IS IT MITIGATING? 03/26/2015 Dr. Matthew Mendel 8 www.mendelforensicpsych.com 4
MY ROLE AS EXPERT WITNESS Give defendant a human face Demonstrate that CSA is a mitigating factor In rare cases, obvious connections: Killed his childhood perpetrator Disproportionate reaction to situation similar to CSA 03/26/2015 Dr. Matthew Mendel 9 SHOW LINKS BETWEEN CHILD VICTIM AND ADULT DEFENDANT Demonstrate Document & benchmark Repeated abuse Tell jury how abuse & trauma contributed to adult they see today Normal vs. excessive childhood traumas Cumulative effect Drug abuse? Hypermasculinization? Increased aggression? Severity of abuse Frequency & duration Violence Multiple sources of trauma CSA often victimized as adults Pessimistic view of the world Aggressive stance as coping mechanism 03/26/2015 Dr. Matthew Mendel 10 www.mendelforensicpsych.com 5
HUMANIZING THE DEFENDANT Interviews Defendant Family members Friends Mental Health Assessment Record Review and Analysis Life story 03/26/2015 Dr. Matthew Mendel 11 COMMON CHARACTERISTICS Among Childhood Sexual Abuse Survivors Shame Powerlessness Betrayal Doubts about masculinity 03/26/2015 Dr. Matthew Mendel 12 www.mendelforensicpsych.com 6
STIGMATIZATION: SECRECY & SHAME Secrecy Disclosure rate much lower for males than females Less Societal Recognition Lower chance that adults will suspect sexual abuse of boys Masculinity Feeling that abuse experiences makes them less of a man Conflict between abuse experience and male socialization 03/26/2015 Dr. Matthew Mendel 13 POWERLESSNESS Abuse experience is one of helplessness Huge dissonance between abuse experience & masculine role Expectations of being strong, powerful & able to protect oneself Self-Blame Sense that he should have been able to protect himself 03/26/2015 Dr. Matthew Mendel 14 www.mendelforensicpsych.com 7
BETRAYAL: DIFFICULTY & INABILITY TO Trust others Commit to others Act in trustworthy ways Maintain fidelity in relationships 03/26/2015 Dr. Matthew Mendel 15 TRAUMATIC SEXUALIZATION May express itself in either of two extremes Hypersexuality, promiscuity, sexual addiction, paraphilias (fetishes) Fear and Avoidance of Sexual/Intimate Interactions 03/26/2015 Dr. Matthew Mendel 16 www.mendelforensicpsych.com 8
IMPACT OF THE ABUSE Substance Abuse/ Addiction May be primary way through which male sexual abuse survivors ever obtain treatment Anger/ Aggressive Behavior Pattern of reacting aggressively to experienced threats Pattern of holding in anger and then responding violently and disproportionately to a trigger 03/26/2015 Dr. Matthew Mendel 17 WORST-CASE FACTORS WITHIN SEXUAL ABUSE Early age of onset Long duration High frequency High severity of sexual acts Physical force and violence in conjunction with sexual abuse Closeness in relationship between perpetrator and victim 03/26/2015 Dr. Matthew Mendel 18 www.mendelforensicpsych.com 9
RISK FACTORS Physical Abuse Emotional Abuse Poverty Substance Abuse/Addiction Domestic Violence Lack of positive, protective, benign adult 03/26/2015 Dr. Matthew Mendel 19 PROTECTIVE FACTORS Disclosure of abuse Being believed and supported, further abuse prevented. Treatment for abuse Short duration and infrequent instances of abuse Abuse by someone distant from victim Generally positive family and environmental factors Strong skills in some areas which can serve as an outlet and escape from the abuse (academic, athletic, artistic, etc.) 03/26/2015 Dr. Matthew Mendel 20 www.mendelforensicpsych.com 10
CASES Past court appearances 2014 Texas v. Warren Rivers, CR 475122 2014 Texas v. Harlem Lewis, CR 1372134 2014 North Carolina v. Jonathan Richardson 10 CRS 3981-83; 54369; 54426; 11 CRS 3021-22 2014 Texas v. Juan Balderas CRS 1050630 & 1064857 2013 Arizona v. Kyle Loretto Alegria CR20092397 2013 Texas v. Willie Ray Jenkins CR10-1063 2013 Texas v. Stanley Robertson CR10-4337 2011 North Carolina v. Danny Thomas 06CRS6250-67 2011 Texas v. Travis Mullis CR08-0333 2010 North Carolina v. Samuel Cooper 07CR82072 2008 North Carolina v. Jakiem Wilson 07CRS11060 2008 North Carolina v. Antonio Chance 06CRS74131 2007 United States Air Force Court-Martial against Airman Darrin E. Jones, Jr. 2005 California v. Alejandro Avila 02CF1862 1999 North Carolina v. Clifton White 89CRS31887, 41217-18, 56389, 56391 1997 North Carolina v. John Williams 97CRS8000-01, 8388, 17582-84, 17587-88, 17590-91, 88750 03/26/2015 Dr. Matthew Mendel 21 CONTACT Dr. Matthew Mendel Licensed Psychologist in North Carolina, Texas matt@drmendel.com (919) 876-1313 9360 Falls of Neuse Rd, Ste 205 Raleigh, NC 27615 Forensic Practice web: MendelForensicPsych.com Clinical Practice web: DrMendel.com Follow me on Twitter: @MendelPsych 03/26/2015 Dr. Matthew Mendel 22 www.mendelforensicpsych.com 11