Discussion Guide

"Monty’s Day in Court” is not meant to be handed off to a child to read and figure out on their own. It is meant to be read with a caring adult (parent, therapist, or advocate, etc.) who is able to explain the story in terms that make sense for that child’s specific situation and age (recommended for 5+). The following discussion guide can help with those conversations.

Monty’s story may not be the same as your story….

It may not be your father who hurt you. 

It could be a relative, teacher, friend or an acquaintance. About 90% of children who are victims of sexual abuse know their abuser. The relationship makes it much harder for a child to disclose the abuse. 

Not everyone believes abuse happened. 

Sometimes it is hard to prove that abuse occurred, and the abuser is not questioned or arrested. It does not mean that it is not real or didn't happen. It does not mean that the child’s feelings aren’t real. Just because a certain amount of time has gone by (no matter how long) it does not mean the abuse never happened.

Not everyone goes to jail. 

The legal system was designed for people accused of crimes to be treated fairly during the process of determining their guilt or innocence. This means that when someone is accused of a crime and arrested, they do not automatically go to jail. Typically, the court will try to determine the likelihood of the accused trying to run away before their trial. The court will then ask for a guarantee, usually an amount of money called bail, which will be given back when the accused comes d to the trial. Someone who has paid bail can live at home instead of jail while waiting for the trial so begin. This does not need to be the same home as the child. The prosecutor can ask the judge to keep the accused from contacting the child, directly or indirectly, unless the contact is specifically authorized by a judge. A child should always report unwanted contact by the accused to a person they trust. 

There is not always a trial. 

Sometimes instead of trial there is a “plea bargain.” A plea bargain is an agreement between the accused (called a defendant) and the court in which the defendant agrees to plead guilty or "no contest" in exchange for an agreed upon sentence, or punishment. Most of the time, this kind of agreement is made partly to save the child involved from the trauma of testifying in court. Sometimes there is a pre-trial hearing, called a preliminary hearing, where t  a child may be asked to testify. This is part of the criminal court process and is the first opportunity for a judge to hear evidence and decide if there is enough to send a case to trial. At a preliminary hearing, police officers are allowed to testify based on statements made to them by witnesses, which can spare a child from having to testify.  (add something about that here)

Not every child testifies in court. 

It is up to the prosecutor to determine who should testify. It does not mean that the child’s story is not important. It could just mean that there is enough evidence for a guilty verdict and it is not necessary  for a child to tell their story in person.  

Not every child wears a suit when they testify. 

The child’s comfort is important when testifying in court. What a child wears should be up to them. Monty’s uncle knew that when Monty wears a suit it helps him to feel confident and important, but not every child likes wearing a suit. Maybe it’s a special shirt or pair of shoes that makes a child feel confident and brave.

Facility or Courtroom Dogs, stuffed animals, etc.

Not every courtroom has a facility dog. Not every courtroom allows for stuffed animals on the stand. Some allow both, some allow one or the other, and some allow neither.

Sometimes the verdict is "not guilty.”

It can be disappointing to go through the process of a trial only to have a “not guilty” verdict.. Not guilty does not mean that the abuse was not true, but rather that there was not enough evidence, or the particular type of evidence allowed to be used in a trial, to prove the details of the abuse. 

Sometimes the defendant is given a verdict of “guilty,” but does not go to prison. 

Prison is not the only possible punishment. Some of the other possible outcomes are: having to stay at home with a device called an ankle monitor, probation (the release of a defendant under supervision), time served or other options.

Prison sentences can vary. 

Sometimes a prison sentence can be as short as one month or as long as the rest of their life. Every case is different. 

What may be the same?

The one thing that is not different between Monty and other children who have been through trauma is that the feelings are always complicated, and are always OK to feel. However a child feels is valid. 

What may change?

It is normal for feelings to change over time. The child involved should find someone they feel comfortable talking to about their feelings. When seeking a therapist it is important that they are trauma informed. 

What else?

Play Scale Courtrooms - get one for your county!

About B.A.C.A.

B.A.C.A.’s vetting and training

Once a prospective BACA member completes the background check and some basic trainings, they are allowed to attend child events with us while they work towards full Membership. Only Members or Supporters who have been "cleared" can attend child events, or have any information about our cases. The training is extensive and includes pre-recorded trainings that range from 30 minutes to several hours each, as well as live training. Topics include group riding, biker protocols, how to conduct initial visits, Trainings for “Primaries”, primary contacts, include safety and security considerations, court etiquette (so that they can be kids while they testify), and many others. There are also specific trainings for positions, such as President, Child Liaison, and Treasurer. BACA only patches people that are committed to the mission, and are properly skilled to execute it.

Bikers Against Child Abuse (B.A.C.A.) is not involved in every case. 

The B.A.C.A. organization is not always able to intervene and assist. It may have to do with location, availability and any number of other legal or logistical requirements. It does not have anything to do with the “worthiness” of a child.