Module 8: Cultural and Spiritual Competence

Purpose

The purpose of this module is to introduce cultural and spiritual
competence as key capabilities for victim service providers. Definitions
of cultural and spiritual competence are provided, the importance of
cultural considerations in victim service delivery is explored, and
barriers to culturally and spiritually competent service delivery, and
strategies to address them, are examined.

Lessons

1.  Overview of Cultural and Spiritual Competence

2.  Crime Victims and Diversity

3.  Common Barriers to Providing Culturally and Spiritually Competent
    Victim- Assistance Services

4.  Tips and Tools for Culturally Competent Service Delivery

Learning Objectives

By the end of this module, you will be able to:

-   Define cultural and spiritual competence.

-   Recognize the multidimensional nature of culture.

-   Explain the importance of cultural considerations in providing
    victim services.

-   Describe common barriers to providing culturally and spiritually
    competent services.

-   Identify specific skills, strategies, and resources required to
    serve diverse crime victims effectively.

    Worksheet 8.1

    Case Studies

  ----------- -------------- ------------------ ----------------- -----------------
  **Case                                                          
  Studies**                                                       

  **\#**      **Title**      **Provider Type**  **Victim Type**   **Case**

  1           Charges of     Law Enforcement    Domestic Violence Sexual
              Assault                                             Orientation

  2           Stifled        Arab Women's       Domestic Violence Immigrant Status,
              Screams        Domestic Violence                    Cultural Values
                             Group                                

  3           A Woman's Duty Law Enforcement,   Domestic Violence Immigrant Status,
                             Court                                Cultural Values,
                                                                  Religion

  4           There's Been a Law Enforcement    Domestic Violence Immigrant Status,
              Mistake                                             Cultural Values

  5           He'll Find Me  Law Enforcement    Domestic Violence Race
              Soon                                                

  6           The Banker     Law Enforcement    Domestic Violence Race,
                                                                  Socioeconomics,
                                                                  Gender, Age

  7           He Made Me     Victim Assistance  Sexual Assault,   Disability
              Feel Like a                       Domestic Violence 
              Woman                                               

  8           In Front of    Law Enforcement,   Sexual Assault    Age, Cultural
              the Court      Court                                Values

  9           Teasing        Interagency        Sexual Assault    Immigrant Issues
                             Council                              

  10          To Walk in     Law Enforcement    Robbery           Religion
              Another's                                           
              Shoes                                               

  11          The Missing    Victim Assistance  Robbery           Disability
              Spoons         for Physically                       
                             Challenged                           

  12          Turf Battles   Victim Assistance  Vandalism         Race

  13          Premises       Victim Assistance  Hate Crime        Ethnicity
              Vacated        in Prosecutor's                      Identity
                             Office                               

  14          Shattered      Law Enforcement    Hate Crime        Sexual
              Glass          and Emergency                        Orientation
                             Medical Personnel                    

  15          Cruel          Elderly Victim     Elder             Age
              Capabilities   Assistance         Neglect/Abuse     

  16          A Large Lake   Victim Assistance  Auto Accident     Cultural Values

  17          On the School  Law Enforcement,   Cultural          Immigrant Status,
              Bus            Court              Differences       Cultural Values

  18          The            Victim Assistance  Child Abuse       Immigrant Issues,
              Intervening                                         Age, Interpreter
              Interpreter                                         Bias
  ----------- -------------- ------------------ ----------------- -----------------

**Case Study #1: Charges of Assault**

You and your law enforcement partner are asked to respond to loud noises
and cursing reported by a citizen living in an apartment complex. When
you arrive on the scene, you are met by a male in his mid- to late-40s,
with a bloody wound on his forehead. You hear another male voice in the
apartment yelling and cursing, complaining that the police ought to
leave them alone. You are let into the apartment by the resident and
asked to resolve a conflict that has escalated to the point of violence.
The second occupant of the apartment is a male in his mid- to late-20s
who is bleeding profusely from a cut above his eye. You and your partner
are taken aback by the violence between the two, who you assume are gay
partners. Your partner makes homophobic jokes and says, "Let's get out
of here before we get AIDS." You arrest both men on charges of assault.

1.  What are the facts of this situation?

2.  What do you "feel" are the issues in this case? Are there
    assumptions being made?

3.  Should you treat this case differently than those involving
    heterosexual couples?

4.  How might this situation have an impact on future reporting of
    similar cases to the police?

5.  What can you do to assess who the victim is? To address your
    partner's behavior?

**Case Study #2: Stifled Screams**

I am Leila Asaam. I came to the United States from Egypt 10 years ago
when I got married to Ahmad. I have three children. Ahmad is a U.S.
citizen and works as a computer programmer. I speak very little English.
I wanted to go to ESOL classes but my husband says I have to stay home
and take care of his mother and his children. We live with my
mother-in-law, my husband's younger brother, and his sister.

My husband has beaten me since we got married. I was so ashamed and
afraid that my mother-in-law would hear that I tried to stifle my
screams of pain. I know that my brother-in-law knows about my
circumstances, but he refuses to say anything to his older brother. My
sister-in-law ignores the entire situation. Now the children are 7 and 9
years old, and I am afraid for them.

My only outings are to the grocery store, where I buy Middle Eastern
foods and borrow videos, and to the bus stop, to drop off my children. I
don't drive, so I can't expect to go out more often. On one trip to the
grocery store, I saw a flier for an Arab women's organization that helps
battered women. I called that evening when no one was around. I was so
relieved when someone answered in Arabic. Her name was Shahana and she
was so nice to me on the phone. She calmed me down and we talked for an
hour. I have talked to her every day now for 6 months. I pleaded with
her not to tell anyone. The women there are going to help me win custody
of my children, learn English, and find a job. I am so scared. ... They
say I must appear in court. I must talk to a stranger about what Ahmad
does. How can I talk about it? What if it is a man who asks me
questions? I have hardly been out of the house. How can I appear in
court? I have no idea what all this means. I will never be able to show
my face in my home again. My children will be ostracized and I know my
parents will blame me for being outspoken. What if I lose my children to
him? What if they send me back to Cairo? My family will die of shame.
Maybe I should just kill myself ....

1.  What are the barriers preventing Leila from accessing service?

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6.  What has the Arab women's organization done that is effective? What
    else could they do?

**Case Study #3: A Woman's Duty**

Jenny, a Panamanian woman with two children, is regularly beaten by her
husband, Juan. He suspects her of having affairs with her co-workers.
She has talked to her priest at church and denied any adulterous
relationships. Father Rodriguez has responded by reminding her of her
responsibility and duty as a woman and wife. The other Panamanian women
won't talk to her. They tell her that she will not be a true Christian
wife if she reports Juan.

Although she fears being ostracized by the Panamanian community, Jenny
says she has tried for many years to get an order of protection against
Juan. But it is so difficult. No one speaks Spanish. She is confused by
the paperwork and the process. The last time she was in the office, a
court clerk told her, "Isn't it a cultural thing for Latino men to beat
their women?"

The court finally gives Jenny an interpreter. The interpreter tries to
tell Jenny that she should be ashamed to bring this private family
matter into the public arena. "You know in Panama your husband would
have killed you to save his reputation. You are lucky you're alive."

Jenny is uncomfortable with her interpreter, but doesn't know who to
approach. She is afraid that she may be deported or that Juan will find
her and kill her. She knows she can't expect any help from any of the
other women in her community. She is confused. Should she go back and
apologize to Juan? Maybe he will change.

1.  Discuss the differences between cultural consideration and cultural
    defense.

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7.  What are the issues related to the use of interpreters?

8.  What are some of the barriers that prevent women like Jenny from
    coming forward and reporting domestic violence?

**Case Study #4: There's Been a Mistake**

Mamta immigrated to the United States with her parents when she was 3
years old. Soon after she received her B.A. degree, her parents sent her
to India to choose a husband. Mamta had several marriage offers and was
much sought after; as she was a U.S. citizen, an Indian man marrying her
could immigrate to the United States. She picked Kishan, an Indian
pediatrician she found to be soft-spoken and well educated, and they
flew back to New York the day after the wedding.

And then the nightmare began: the hitting, the choking, the abuses, the
storming out, the insults of "You are ugly" and "You are fat," the
sexual abuse. Mamta was too ashamed to tell her family for the first 2
years. One day, after she had been locked in the apartment for 4 days
without any food, she broke down and told her sister who lived in
Atlanta. When Kishan found out, he abused her even more. When Kishan
tried to choke her, she called 911 in desperation.

The police arrived and Mamta was panic-stricken. What would the
community say? Her parents would be so ashamed. Her parents' friends
would say, "After all, he's a man. He is allowed to lose control
occasionally," or "He seems like a perfectly nice man," or "I can't
imagine a doctor behaving like that."

Kishan was as refined and polished with the police as she had seen him
be with his patients. She was quiet. "They will never believe me," she
thought. "I don't even have any bruises that are visible .... except for
the ones on my thighs, and I can't tell them about that." Panicking at
the barrage of questions, and confused and intimidated by the pressure,
she said, "There's been a mistake." The police left.

1.  What are the barriers preventing Mamta from reporting her husband to
    the police?

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9.  What should the police be looking for?

10. How can they help Mamta?

**Case Study #5: He'll Find Me Soon**

My name is Felicia Williams. I am an African-American woman. I am 28
years old, have four children, am 6 feet tall, and weigh 200 pounds.

Hunter started beating and kicking me when I was pregnant with Don, my
oldest. It's now been 6 years, and I keep hoping he will change. He
wasn't this way when we dated. "At least he doesn't cheat on you," my
mother says, "And he's nice to the kids." I worry that he will get
locked up if I report him, and enough of our men are in prison. My
closest girlfriend agrees with me, and says that if it's so bad I should
just leave him but keep the police out of it. But she doesn't understand
how bad it can get. I've tried leaving, but he finds me and has
threatened to kill me. Anyway, I have seen the police come to our
neighborhood often enough, but they never do anything. One even made the
comment that Hunter would be a fool to take me on. I didn't hear
everything they said after that, but they were laughing and cracking
jokes. I overheard another cop say Hunter is probably the one who's
getting beat up in our house; he's just too embarrassed to admit it.

One day, he came home angry and frustrated with work. I was at the
neighbors and Don didn't open the door for him. He started shouting and
banging at the door. I heard the noises and came to our apartment with
Alicia in my arms. He was so angry he beat Don and me. The sight of
blood streaming down Don's head was too much for me. I had to leave, but
I'm sure he'll find me soon.

. .

1.  What stereotypes may have come into play in the police response?

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11. What are the barriers that prevent Felicia from reporting the
    violence?

**Case Study #6: The Banker**

Angie is an 18-year-old white woman who is in a long-term relationship
with Bryan, a 35-year-old banker. She has a 3-year-old son; she has
dropped out of high school and works at the local grocery store. Bryan
belongs to a prominent banking family. Angie and Bryan have been in a
relationship for 2 years. Angie has on several occasions gone to work
with bruises on her arms and has told her girlfriends, "Bryan takes care
of me really well. But he has a temper!"

One night when the violence was too much for Angie, she reported Bryan
to the police and moved in with her mother. The detective on the case
reported that there was strong evidence on three counts of sexual and
physical assault. Bryan, as usual, apologized to Angie and she visited
with him after the reported assault.

The DA's office declined the case.

1.  What factors may have been at play in the DA's decision to decline
    the case? What role might gender have played? Age? Class? Race?
    Education?

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12. Brainstorm strategies for handling this case.

**Case Study #7: He Made Me Feel Like a Woman**

Anna is a 45-year-old woman with cerebral palsy. She uses a power
wheelchair to get around. Anna lives in a house that she shares with her
husband, Larry, who attends to her health care needs.

After seeing your agency's ad on television, Anna calls your crisis line
to see if you can help her. She reports that Larry has called her
stupid, ugly, and worthless, saying she can't even "make him feel like a
man." Anna says that when she and Larry first started dating, he "made
me feel like a woman" for the first time in her life. In the 2 years
they have been married, Larry has forced her to cut off all ties with
her friends and family, insisting that he is the only one she needs. He
has frequently raped her, saying he could have sex with her any time he
wanted, as long as she is his wife.

Anna and Larry drank socially together when they were dating. Shortly
after their marriage, Anna discovered him using cocaine, and reports
that he now also drinks to excess. When he comes home intoxicated from a
night at the bar with his buddies, he picks fights with Anna that
usually end with him throwing things at her. Sometimes he does not come
home at all.

Anna, who is completely dependent on Larry for her health care needs,
reports that she has spent many nights having to sleep in her wheelchair
sitting in her own excrement. Larry also often neglects to feed her.
Anna received a call from her doctor's office yesterday and discovered
that Larry has been regularly canceling her appointments. She did not
tell the nurse about her situation out of fear of Larry's anger and the
prospect of being sent back to the nursing home.

For 22 years, Anna lived in a nursing home, where she was mistreated and
abused. She is beginning to wonder if Larry has been writing to her
family in Indiana saying that Anna is fine and the marriage is going
well. Anna's family was very upset with her when she married Larry so
soon (6 months) after leaving the nursing home.

1.  What are the barriers that have prevented Anna from reporting the
    sexual assault and domestic violence?

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13. How can your agency help Anna?

**Case Study #8: In Front of the Court**

Kim, a 14-year-old Korean student, is a victim of sexual assault. Kim
does not talk about the incident to her parents, but confides instead in
a cousin who is a schoolteacher. She pleads with the cousin not to tell
her parents as she is afraid that they will be angry with her and disown
her. The cousin convinces Kim that she needs to press charges against
the perpetrator. Kim is afraid of her parents and of what the rest of
the community will say. She is intimidated about appearing in court and
nervous about the entire process. Kim's cousin promises to be with her
and help her.

Kim's parents hear about the incident only after she presses charges.
The cousin reports that the parents are furious and accuse Kim of being
loose and of being "too American." "What can you expect when you wear
tight, revealing clothes and go to parties late into the night. You have
brought shame on the family. How will your sister ever get married now?"
they shout at her.

The case finally goes to court and Kim is assigned a court interpreter.
She watches as the interpreter and the perpetrator laugh and smoke
together as they wait for the case to be tried. The prosecutor's office
seats Kim's family in the front of the courtroom, thinking that this
will make her feel comfortable and that her family will be supportive of
her. Instead, Kim never looks at her family. She is evasive and shaky
about the details of the incident and flinches each time the words
"rape" or "sex" are used.

1.  What are the barriers preventing Kim from reporting the rape?

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14. What could the prosecutor's office have done differently?

15. What are the interpreter issues? Brainstorm some of the guidelines
    for the selection and use of an interpreter.

    **Case Study #9: Teasing**

You are a member of the Interagency Sexual Assault Council and are asked
to review a case involving a 14-year-old Latina, Rachel, who is reported
to have been sexually assaulted by more than one offender. The offenders
are reported to have a history of assault, and the name and address of
one of the other victims has been provided by Rachel's mother, Mrs.
Peralta.

You understand that Mrs. Peralta and her daughter waited 2 weeks before
filing the report. Initially, Mrs. Peralta told the officer that her
daughter was being teased by these boys in the neighborhood. "It is so
bad," she said, "that my daughter has not slept for 2 weeks. I have
asked her to try to forget about it, but she can't. She cries and can't
do her schoolwork."

A week later, Mrs. Peralta and Rachel came back and said that the boys
had "tried to force themselves on Rachel," and had done the same thing
to a 13-year-old girl in the neighborhood. Upon further questioning, it
is reported that Rachel and her mother filed a complaint of sexual
assault.

The DA's office has dismissed the case on the grounds that the original
complaint was filed 2 weeks after the event, was later changed to sexual
assault, and the other "victim" did not file a complaint and, when
approached, denied any such incident involving her.

The DA believes this is a case of "teasing" and "barrio rivalry."

1.  What factors may be preventing Mrs. Peralta and Rachel from
    reporting the case?

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16. Do you think race or gender may play a role in the DA's decision?
    Why?

17. What strategies could be used to help Mrs. Peralta articulate her
    story?

18. How might the DA's decision have an impact on future reporting? What
    long-term strategies can be used to encourage reporting in
    communities?

**Case Study #10: To Walk in Another's Shoes**

A robbery is reported at a Sikh temple, and the police are contacted.
The police officer enters the temple to record the damage and looks for
signs of a break-in. The worshipers and the priest appear angry and
refuse to cooperate with the investigation. One of the worshipers
finally says, "You are insulting us by wearing your shoes in a place of
worship."

1.  What are the cultural issues in this case?

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19. What can the police officer do in this situation?

    **Case Study #11: The Missing Spoons**

You have a degenerative muscular disorder and are in a wheelchair.
Although you can't drive, you are able to live fairly independently. You
have a caregiver, Carla, who comes by once a day, runs errands for you,
and helps with other chores around the house. Carla is cheerful and
generally quite helpful. However, you begin to notice that things are
missing from your house. Since no one else comes to the house except
Carla, you suspect she has been stealing from you. You first notice that
your sterling silver spoons are gone. Later, you miss a brooch from your
dresser and \$200 from a drawer in the kitchen.

You call a victim assistance program and, after several minutes
listening to tiresome automated messages, a human voice mechanically
asks you a series of questions, which you answer. You then describe what
you suspect. The woman at the other end of the line is speaking
extremely slowly and loudly. She says, "Have you double-checked? Could
you just have forgotten where you kept them?" This angers you, and you
are already regretting having called. The woman from victim services
says they will send someone to your house to investigate the robbery and
evaluate if you might need to be moved to an assisted-living facility.

You are furious!

1.  What impact might this sort of experience have on reporting by
    victims with disabilities?

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20. What could victim-services personnel have done differently?

**Case Study #12: Turf Battles**

A representative of the victim outreach program in a local police
department contacted the owner of a vehicle whose tires had been slashed
3 days earlier. The purpose of the call was to inform the victim of his
legal rights and update him on developments in the investigation.

When a man answered the phone with a strong Latino accent, the outreach
officer identified himself and asked for the owner of the vehicle. The
man hesitated, then identified himself as the owner. He asked
suspiciously what he could do for the officer.

The outreach officer said, "Yes. I understand your tires were slashed
the other day."

"That's right," answered the vehicle owner. "I already gave my report at
the station. You haven't found the criminal yet have you? I didn't
expect you guys to get to the investigation for a couple of weeks at
least."

"No, but we're working on it. Where was your car parked? I can't tell
you how many times this has happened in the gang-infested sections of
the city."

"It was parked right outside my house. There weren't any other tires
slashed on the street. It was a personal attack, I'm sure."

"Well, you have the right to press charges if we find the guys. But I'm
telling you from experience, you get involved with these turf battles,
this is the kind of thing that happens. How old are you?"

"I am 23 years old," answered the vehicle owner. "Why?"

"It's always the young ones that get mixed up in this stuff. I wouldn't
press charges if I were you. I'd just get out now, when it's still only
tires they're slashing."

1.  What stereotypes are operating in this interaction?

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21. How do the stereotypes prevent the victim from receiving the help
    and support that he might need?

22. How could the outreach officer work to overcome the victim's
    stereotypes as well as his own?

**Case Study #13: Premises Vacated**

You are a victim assistance professional in a prosecutor's office. Your
office is prosecuting two men and a woman for vandalizing a small
hardware store. A month ago, the accused allegedly threw bricks through
the windows of a hardware store owned by a Jewish family. They
spray-painted the doors and walls with swastikas and slurs against Jews.
They nailed boards across the doors and painted on them "Closed" and
"Premises Vacated." Your office is trying the case as a hate crime.

You have had difficulty providing assistance to the owners of the store.
Your responsibilities are to explain the legal process and their legal
rights, and offer some degree of emotional support. You have reached out
more than once to the man who reported the crime and invited him to come
in for an appointment.

He has said to you, "Put these Nazis in jail, and I'll come for a
visit." He says that if you are so interested, the whole neighborhood
would like to hear from you. He invites you to come see the destruction
and vandalism for yourself. You explain that you have looked carefully
at all the pictures, that you are very familiar with what happened
there, and that you would need to cancel several appointments in order
to make the trip across town. You invite him once again to come to your
office.

The man yells into the phone, "If you want to help, help! If you are
scared, then so be it. Sit back and let another Holocaust happen. Sit
back and call me paranoid. This is exactly how the last one started. You
ask anyone here. You ask anyone." Before you can respond, the man hangs
up.

1.  What are some of the issues in this case? What are the different
    perspectives of the victim assistance professional and the
    storeowner? How do these perspectives affect their interaction?

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23. What are some realistic strategies the victim assistance
    professional can employ, given limited time and resources?

**Case Study #14: Shattered Glass**

You are a transgender female driving through Dupont Circle at 1:00 a.m.
You see two men in a scuffle. You slow down to pass them and, trying to
be helpful, you roll down your window enough to say, "Come on guys,
whatever it is, it's not worth it."

Before you know it, a fist crashes through the window, shattering the
glass, and lands on the side of your face. The man who has hit you
yells, "You keep out of this you f\-\-\-\--." The other man, bleeding
profusely from a cut above his eye yells, "Hey! Do you still have a
dick?" followed by a string of profanities. Stunned, you sit at the
wheel. Slowly, you pick up your cell phone and call 911.

The police and emergency medical crew arrive in minutes. Seeing the
glass, the police come up to you and ask, "Is anyone hurt?" Before the
words are out of his mouth, his partner, a female police officer says,
"We should have known. It's just one of those d\-\-- queers," and they
turn away swearing in disgust.

The police officers proceed to interview the men who had been involved
in the scuffle. One of the emergency medical technicians comes up to you
and yells to her partner, "You're going to need your gloves for this
one. I am not going to risk getting AIDS." The police officer walks back
to you and says, "You are being charged with assault. ..."

1.  What are the assumptions the police officers are making?

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24. How might encounters like this have an impact on future reporting by
    members of the GLBT (gay, lesbian, bisexual, and transgender)
    community?

**Case Study #15: Cruel Capabilities**

You are an elderly white man, living with your son and daughter-in-law.
Two years ago, you suffered a major stroke, and since then several
smaller strokes have diminished your ability to speak or move around
independently.

After the stroke, your son couldn't look at you. He seemed ashamed to
talk to you. His wife took over all the care except that which required
moving you from your bed to the wheelchair, helping dress you, or
bathing you. Your son became rougher and more careless with you as
months went by. Once, while moving you into the bathtub, he let your
head bang hard against the tub. Another time, he left you for 20 minutes
straddled between the bed and your chair as he talked on the phone.
Recently, he has refused to help dress you, so you have been left in bed
for days at a time.

He complains often about the cost of medicine and doctor bills. You even
overheard him saying to his wife, "It's time the old man kicks off."

You are deeply ashamed by your son's disrespect. You wonder if you
raised this man who is capable of being so cruel. You think that you
must have hurt him terribly in the past for him to act like this.

Yesterday, you received a prescription from the pharmacy. Inside the bag
was a leaflet that asked, "Are you the victim of elder abuse?" You look
away in disgust without reading the rest of the message.

1.  What are some of the factors that obstruct the man's likelihood of
    finding help?

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25. What can victim advocates do to reach people in this situation?

26. What on the leaflet caused the man to stop reading? What are other
    ways that the leaflet might have been worded?

**Case Study #16: A Large Lake**

A man comes to your victim services clinic for guidance. His mother
recently was killed by a reckless driver, and he hopes to receive advice
from you about legal steps he might take.

You begin the intake interview by asking him to talk a little about
himself. He tells you that he is middle aged, spent most of his
childhood on a Cherokee reservation, is a high school physics teacher,
and has lived in the city for 18 years. His mother was visiting him here
for a few weeks.

Then you ask him to tell you what happened. He tells you that last night
he imagined walking by a large lake, and in the distance he saw a white
bear. Walking faster and faster, he tried to reach the bear, but the
faster he walked, the more distant the bear became.

You smile and nod, waiting for him to go on. After a period of silence,
you ask, "Was your mother hit by the car here in the city?"

"Yes," is the reply. And another period of silence.

"How can we help you? What is it that you need?" you ask.

The man looks at you for a moment, says, "Thank you for your time," and
leaves.

1.  What were some of the communication issues that made this
    interaction difficult?

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27. What did the victim service provider do that was effective?

28. What might he or she do to be more effective?

**Case Study #17: On the School Bus**

A 5-year-old second generation Chinese-American child, David, comes home
and says that he doesn't want to go to school any more because he has
been teased and beaten up on the school bus. His grandfather, a
68-year-old Chinese immigrant, goes to the bus stop with his grandson
the next day to identify the children who had teased and hit his
grandchild. The grandfather approaches one 8-year-old boy, Tom, pats his
head, and tries to ask the boy questions in his halting English. Tom is
scared by this old Chinese man and does not quite understand him, so he
turns his back and tries to run. The grandfather grabs the boy's arm in
an effort to restrain him so he can talk to Tom.

Tom's father reports this incident to the sheriff's office. Sheriff
Anderson investigates, but he can't communicate with the grandfather
because the grandfather speaks little English. An interpreter is called
to help. After the interview, Sheriff Anderson moves the case to court
and a date is set for a hearing. The interpreter goes to the court with
the grandfather. A public attorney, Mr. Swedlund, is assigned to the
case. The interpreter explains the situation to Mr. Swedlund. The
interpreter also tries to explain the cultural issues in the case. But
Mr. Swedlund says, "Even though an adult may be permitted to grab a
child in China, he is in the U.S. This is still an assault." Mr.
Swedlund suggests that the grandfather plead guilty so the case will not
go to trial. The interpreter explains the suggestions to the
grandfather, but the grandfather is totally confused. He believes that
he didn't do anything wrong. All he did was grab a boy's arm and try to
ask him questions. He is bewildered that he is in the court. "Is this
justice?" he asks. "My grandson was beaten and teased to the point that
he did not want to go to school. Should not that be the punishable
crime?"

When the judge calls the grandfather's name, the interpreter goes with
him. The judge asks him questions and the interpreter translates them to
the grandfather. However, the grandfather is nervous and confused. The
judge asks him the same questions again and the interpreter translates
again. The grandfather just stands there and is too nervous to answer
the questions. The interpreter says to the judge, "Your honor, he is
very nervous, and this is all too new to him. He needs time to think
about your questions." The judge says, "Well, you better tell him to
answer my questions soon. I am losing my patience." The interpreter
translates the judge's words to the grandfather who becomes even more
nervous.

1.  What are the cultural issues?

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29. What are the issues from the grandfather's perspective?

30. What are the issues from the public attorney's perspective?

31. What are the issues from the judge's point of view?

Brainstorm some realistic strategies for the interpreter.

**Case Study #18: The Intervening Interpreter**

You are a child advocate in the victim assistance division of a large
child-abuse prevention agency. You have been assigned the case of two
Bosnian children who recently arrived in the United States and have been
living with a foster family for the past 4 months. The children are
sisters; one is 15 years old, the other is 10.

The case was referred to your agency by a social worker in a nearby
hospital. The younger of the two sisters arrived at the emergency room
with a large cut on her hand that was bleeding profusely. As the nurse
was preparing the girl for stitches, he noticed many scars on her arms
and legs. The scars appeared to be the result of deliberate cuts. When
he asked the girl about the scars, she simply shook her head in
confusion.

As the hospital reported that the girl did not seem to speak much
English, you bring a Bosnian interpreter with you on your first home
visit. The foster parents welcome you warmly, invite you in, and listen
attentively as you express your concerns. They say that they had noticed
similar scars on both the girls when they came to live with them. They
had asked the girls about them, but both had seemed uncomfortable and
embarrassed with the subject. They worried that the girls had been
victims of abuse within their families or of violence due to the war in
the former Yugoslavia.

After your conversation with the parents you ask to meet with the girls.
The parents hesitate and suggest that you come back later. You insist
firmly, and finally they agree. After the foster parents have left the
room, the older girl begins crying and talking quickly to the
interpreter. She gestures toward her foster parents' room, and looks
over her shoulder nervously. You cannot understand what she is saying,
but she seems to be pleading with the interpreter.

The interpreter tells you that the girl is very grateful to her foster
parents, that she does not want to be sent back to Bosnia, and that her
younger sister simply cut herself accidentally. The interpreter says
that the girl insists they are happy.

You feel uncomfortable with the interpreter's translation, as both
girls' body language is telling you more. However, this is the only
Bosnian interpreter your agency has been able to find.

1.  What are some of the issues that may obstruct the child advocate
    from making an accurate assessment of the situation?

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32. How can the advocate learn more?

33. How can the advocate identify and compensate for any bias on the
    part of the interpreter?