Title: Trauma on Trial: Why Placing a Child on the Stand Against an Abusive Parent is an Act of Psychological Violence

Introduction: The legal system often demands that a child, a victim of abuse, testify against their parent. While this is done in the name of justice, a “Moral-Ethical” perspective, informed by psychological science and trauma research, would argue that this is a profoundly damaging act of psychological violence. This post argues that equating legal procedure with ethics is a moral failure that ignores the well-being of the most vulnerable citizens.

Psychological Research on Child Trauma: Trauma research shows that a child’s memory is not a perfect video recording; it is complex and fragmented. Placing a child on the stand forces them to relive a traumatic event in a hostile, adult environment. This act of re-traumatization can have devastating and long-lasting effects on their psychological development. Furthermore, the child’s natural desire to please their parents, to find a sense of security, and their difficulty with abstract legal concepts can lead to a state of emotional dissociation and a breakdown of their ability to give a reliable account.

The Law’s Ignorance of Moral-Ethics: The law, in this instance, operates from a rigid “Legal-Ethics” that prioritizes procedure and testimony over the moral imperative to protect a child’s psychological well-being. It is a system that has not reached a post-conventional stage of moral development. Dr. O’Brien’s work would argue that the law is “addicted to procedure,” and its unwillingness to adapt to the realities of child psychology demonstrates its systemic sickness. Equating legal procedure with morality is morally wrong, as it places a process above human compassion.

The Historical Context: Historically, children were seen as the property of their parents and were not given a voice in legal proceedings. While we have progressed from this, we are still caught in a legal framework that treats children as miniature adults capable of withstanding the rigors of the courtroom. The solution is not to simply have a “trauma-informed” judge, but to fundamentally alter legal procedure to a “Moral-Ethical” standard that protects the child’s well-being above all else. This may mean finding alternative ways to gather evidence, or, in some cases, not having the child testify at all.

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References

O’Brien, A. (2023a). Addiction as Trauma-Related Dissociation: A Phenomenological Investigation of the Addictive State. International University of Graduate Studies. (Dissertation). Retrieved at woundedhealersinstitute.org/courses/addiction-as-dissociation-model-course/

O’Brien, A. (2023b). Memory Reconsolidation in Psychedelics Therapy. In Path of the Wounded Healer: A Dissociative-Focused Phase Model for Normative and Pathological States of Consciousness: Training Manual and Guide. Albany, NY: Wounded Healers Institute. Retrieved at woundedhealersinstitute.org/courses/addiction-as-dissociation-model-course/

O’Brien, A. (2023c). Path of the Wounded Healer: A Dissociative-Focused Phase Model for Normative and Pathological States of Consciousness: Training Manual and Guide. Albany, NY: Wounded Healers Institute. Retrieved at woundedhealersinstitute.org/

O’Brien, A. (2024a). Healer and Healing: The re-education of the healer and healing professions as an advocation. Re-educational and Training Manual and Guide. Albany, NY: Wounded Healers Institute. Retrieved at woundedhealersinstitute.org/

O’Brien, A. (2024e). Path of the Wounded Healers for Thrivers: Perfectionism, Altruism, and Ambition Addictions; Re-education and training manual for Abusers, Activists, Batterers, Bullies, Enablers, Killers, Narcissists, Offenders, Parents, Perpetrators, and Warriors. Re-Education and Training Manual and Guide. Albany, NY: Wounded Healers Institute. Retrieved at woundedhealersinstitute.org/

O’Brien, A. (2025). American Made Addiction Recovery: a healer’s journey through professional recovery. Albany, NY: Wounded Healers Institute. Retrieved at woundedhealersinstitute.org/

*This is for informational and educational purposes only. For medical advice or diagnosis, consult a professional.

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