Trial Issues: A Victims Tears

The Importance of a Victim’s Emotional Tears

Obtaining a testimony from a victim requires the understanding of emotional tears and how emotional tears are mixed with psychotherapy.  During a psychotherapy treatment, a victim cries while speaking words of truth.  Pain is felt once the victim connects with “thy-self,” thy-self produces speech and words flow through the victims mouth. The words give the victim understanding of the event and releases the pain of the soul. The words are rooted in epistemology, she will not waiver on the stand from those words. 

In a psychotherapy session, those words are truth, and that truth is powerful enough to heal the patient’s mind.  For a court room, that truth is powerful enough to win your case.


The Human Tear is the Laywer’s Pillar of Support:

The words (words of the victim) that are triggered by tears are the pillars of your argument.  During an interview, highlight every word the victim speaks while she is expressing emotional tears. Next, remove the highlighted sentences away from the entire testimony.  Begin your argument around the highlighted sentences.  You gain understanding as your argument begins to develop – patience is a virtue; at this point tie in your legal expertise and go win that case.

Other Factors to Watch For:

It is possible to help the victim along in connecting with her tears. However, drawing tears out of a victim takes time and you have to be careful because the victim is experiencing pain.  Part 1, Article 1 of the The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, states:

“For the purpose of this Convention, the term “torture” means any act by which sever pain or suffering, whether physical or mental, is intentionally inflected on a person for such purposes as obtaining from him or third person information or a confession, …”

Always work in line with the convention on torture and keep your victim safe on the stand with it.