Some programs allow dogs in the courtroom, but those have been controversial. A child rape case in New York state is being challenged by defense attorneys who said the courtroom dog swayed the jury, according to a New York Times article from August. Defense attorneys in other places have said they are concerned a dog’s presence could cause a jury to be more sympathetic or unfairly lend credibility to a victim’s account.
“In any jury trial, we would be concerned that the jury would view the court permitting the dog to comfort a witness as an indication from the court that the witness had indeed experienced trauma,” Lisa Daugaard, deputy director of the Defender Association in Seattle, said in an e-mail.
But Daugaard said she didn’t see a problem with using a dog in an interview room. Creating a comfortable environment “has advantages for truth telling,” she said.
In Prince William, the dogs will stay behind the scenes for now, not in the courtroom. Sylvester said she does not want Prince William to risk a case — and a child’s well-being.
County prosecutors who work on child abuse cases can now call on Abby and a therapy dog named Merlin, an English pointer. Prosecutors will try to match victims’ needs with the dogs’ personalities — Abby is excitable and outgoing while Merlin has more of an empathetic, soothing presence.
The dogs will mostly assist in what prosecutors call the “rapport phase” of interviewing, where they look to establish a relationship with a child. Sylvester said the dogs help children relax to the point where they might begin talking about trauma in their lives.
“The kid will tell the dogs things that happened that they won’t tell people,” said Sylvester, who now prosecutes animal cruelty cases but worked on child abuse cases for more than 20 years. “The child will feel like they can talk about the abuse to the dog because the dog won’t be judgmental.”
Kristina Robinson, who prosecuted the case with the 7-year-old victim, said Abby was a comfort factor in the room and allowed her to establish a trusting relationship with the girl. “I think the dog played a big part in that,” Robinson said.
The Prince William commonwealth’s attorney’s office doesn’t keep annual statistics on its case count, but prosecutors say they are seeing a surge in child abuse crimes since 2008, primarily, they think, because of better reporting.
Prince William Commonwealth’s Attorney Paul B. Ebert (D) said he is hopeful the program will help the youngest victims and help prosecutors. Child abuse cases can be difficult to prosecute and rely heavily on a child’s ability to testify.
“Anything we can do to make them comfortable,” Ebert said.
There are also other benefits to having dogs around the courthouse, a place that can seem cold and bureaucratic even as some people inside are dealing with difficult moments in their lives.
On a recent day when Merlin and Abby were in the prosecutor’s office, Kristen Marek, who helps child victims as a victim witness advocate, was glad to see them there. They lift everyone’s spirits.
“I think animals are just good for the soul,” she said.
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