Victim Advocacy, Research Paper Example

Families Under Crisis and the Law

I, as a victim witness assistant, came across of a case that describes a man who, while being under the influence of a drug known as metamphetamine, beats his girlfriend’s youngest child, who is aged two. The mother has two other children. I am aware that there is a new law which states that using or possessing metamphetamine in the presence of the child is considered child abuse and is thus punishable in the fullest extent of the law. However, I am arguing that the mother should not be petitioned for child abuse and, as a result, the children removed from the mother and put in foster care. She is not the one who is guilty of child abuse and should not be punished so severely, especially when there is no evidence that she was anywhere near or was under the influence of the drug. A separation between a mother and her children would be extremely painful for all parties. However, the mother could be found guilty of child neglect because she knowingly let a mentally unstable man come close to her children.

The legislative intent of the new law is not served right if the children are removed from the mother. There is no evidence that the boyfriend was using or possessing metamphetamine in the presence of the child since he was already high on the drug while he was beating the little girl. The boyfriend is indeed guilty of child abuse and should be held responsible for that only. However, the mother is also a victim in the situation. She is an innocent bystander. One solution to this problem is for the mother to request from the judge to issue a restraining order against the boyfriend to ensure the protection of her children from further abuse.

In the state of New Jersey, the use of possession of the above mentioned drug is prohibited by law. I believe that this law has been enacted for a good reason in that if the parents do not have possession of the drug, they cannot be under its influence. As a law maker, I would insist on the adoption of such a law.