Expert psychology in the face of violence against women: what it is, and its functions.

A summary of the tasks of forensic psychology in violence against women.

The work of the forensic psychologist varies depending on the court court that has requested the preparation of the report in question.

On this occasion we are going to know closely how one of these documents is developed when the applicant is the judge of the courts of violence against women. We will discover which can be the most frequent performances of the expert psychologist within this area.

What is the 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 brief introduction about the work performed by forensic psychologists in general. These professionals, also known as expert psychologists, are the ones in charge of preparing an expert report responsible for preparing an expert report in relation to a legal matter in which, in one way or another, there are psychological issues to be assessed..

Usually it is the judge himself who requests their help and therefore each court has a team of psychologists assigned to it to prepare these documents. However, any of the parties may also hire a private psychologist to prepare a report of part, if it deems appropriate.

It is important to be clear that, neither in the expert psychology before the violence against women, nor in the rest of the courts, the reports made have a binding power when it comes to making decisions. This task corresponds exclusively to the judge, who will be the one to pass sentence according to his criteria and knowledge, although it is true that, not being 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 the cases of expert psychology in cases of violence against women. Therefore, we would be talking about the forensic reports made by psychologists to advise cases being tried in the gender violence courtsthat is to say, 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 on Comprehensive Protection Measures against Gender Violence. It is there, therefore, when the concept of forensic psychology came into play in the face of violence against women, since the judges of these new courts needed and need the advice of forensic psychologists to be able to make decisions in certain matters that require their expertise.

Areas of intervention in forensic psychology for violence against women

When we talk about the areas of intervention in which forensic psychology can act in cases of violence against women, we must fundamentally distinguish between two well-defined areas. The first of these would be that of expert reports, something we already anticipated in the introduction to this article.

This report is usually requested by the judge in charge of the process, but it is also possible that it may be requested by the Public Prosecutor's Office or by one of the lawyers of the different parties involved in the trial, either of the accused of violence against women or of the woman herself, the alleged victim of such aggressions. of the different parties involved in the trial, either of the accused of violence against women, or of the woman herself, the alleged victim of such aggressions.

But it is important to note that the work of the courts of violence against women involves a series of actions in very different areas. Therefore, reports may be requested for procedures that fall within the civil field and others that, on the contrary, belong to the criminal field. In the case of civil expert reports, they may be oriented to issues related to the custody and guardianship of minors, the appropriate visitation regime for them, etc.

On the other hand, the criminal ones 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 is running, to the level of danger observed in the alleged aggressor, and even to estimate the possible sequels 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 provide assistance to those involved in the judicial process.. In this sense, the judge may ask the forensic psychologist to take charge of issues related to the containment, orientation or referral of any of these people, whether the woman, the alleged aggressor or their children.

In the case of minors, a psychological examination may also be requested. In all these cases, what the psychologist will do will be an assistance report, not an expert report. This work is different from the cases we saw at the beginning, but they are all tasks of expert psychology in cases of violence against women. In addition, the assistance interventions can take place at various stages of the judicial process, including fast-track trials, which are those carried out for the possible establishment of precautionary measures.

Forensic reports on violence against women in civil cases

It should be borne in mind that when we speak of a forensic report in the context of expert psychology in the context of violence against women, in the civil area, the object of the report, i.e., the request made by the judge, can usually coincide with those made, for example, in the family courts, without the need for there to be a question of violence involved.

In that sense, reports could be requested for the evaluation of the custody and guardianship as well as the visitation regime of the children, if any, either to establish it, modify it or suspend it.. For this purpose, the parental capacities of both parents will have to be assessed. When the time comes, the appropriateness of a deprivation of parental authority and even the fostering of the children by State institutions could also be considered.

But, of course, when talking about expert psychology in the face of violence against women, there are a number of additional considerations to be taken into account in relation to these general issues. For example, the law prevents parents from reaching an agreement through a mediation process. Likewise, for obvious reasons, a joint intervention of both parents is unfeasible.

Moreover, at the legal level, it could not even be considered, since it is most likely that restraining measures have been established between the aggressor and the victim. It is also common to resort to family meeting points as a safe area for visits with the children, under the control of a state institution. Likewise, a regime of shared custody and guardianship cannot be considered.

It should not be forgotten at any time that the expert psychologist is making assessments about a family in which there is presumably a history of mistreatment affecting the mother and even the children themselves.. Therefore, if the actions must always 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 is confronted with. Cases pertaining to the criminal area can also be evaluated. Therefore, the object of the expert opinion can be very varied. The judge may request the expert's help, for example, to evaluate 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 present can also be studied.. Likewise, an assessment of the credibility of the testimony can be requested, if the judge deems it pertinent. Other issues that can be studied are the possible sequelae in the complainant due to the alleged abuse. Even the risk that she is running can be estimated.

Other evidence may also be requested from minors, for example to assess the possible existence of physical and psychological abuse towards them, and even possible sexual abuse. The forensic psychologist can also be asked to assess the possible manipulation or alienation of the children by the parents.

With respect to the defendant, other issues that can be dealt with by expert psychology in the case of violence against women are those relating to the assessment of their cognitive and volitional capacities and therefore the degree of imputability in the case of the commission of an alleged crime.. It is also possible to estimate the probability of the consumption of substances that could be affecting these capacities.

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

Bibliographical references:

• Echeburúa, E., Fernández-Montalvo, J. del Corral, P. (2009). Predictors of homicide risk and serious violence in intimate partner relationships. Valencia: Queen Sofia Center for the Study of Violence.
• Hirigoyen, M.F. (2005). Mujeres maltratadas, los mecanismos de violencia en la pareja. Paidos.
• Labrador, F.J., Rincón, P.P. (2004). Women victims of gender violence. Editorial Pirámide.