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David Gussak Ph.D., ATR-BC
David Gussak Ph.D., ATR-BC
Sexual Abuse

Investigation and Intervention: Forensic Art Therapy

A leading therapist in the field explores forensic art therapy.

While I have a history of working as an art therapist in the prisons and have recently been involved with the courts in different capacities, I have made it clear that I am not a forensic art therapist—this designation belongs to only a few people, most prominent is my friend and colleague Marcia Sue Cohen-Liebman. She and I wrote an article together almost 15 years ago about the relationship between forensic art therapy and art therapy in forensic settings. We have presented together on several occasions and most recently, she has written the chapter on Forensic Art Therapy for the upcoming 84-chapter Wiley Blackwell Handbook of Art Therapy edited by me and my colleague Dr. Marcia Rosal (publication date March 2015). I have mentioned her work in several different posts (most prominently “Who the Hell Are You?”) and am thrilled that she has agreed to write this post.

Marcia has been an art therapist for 24 years and is currently pursuing her PhD at Drexel University.

The following post addresses several questions I asked about her and her work.

Forensic Art Therapy

By Marcia Sue Cohen-Liebman

What is forensic art therapy?

In the words of Judy Rubin, “It is a way of working with experiences that are difficult to understand or hard to assimilate” (1979, p. 12). Forensic Art Therapy juxtaposes art therapy principles, practices and theory with legal tenets. Forensic Art Therapy is used for fact-finding endeavors and assists in resolving legal matters that are in dispute (Cohen-Liebman, 2003; Gussak & Cohen-Liebman, 2001). To be clear, it is investigative in nature rather than interventive (Cohen-Liebman, 1997, 2002; Gussak & Cohen-Liebman, 2001), and is used for the resolution of legal matters that are in dispute such as custodial matters or sexual abuse allegations. Forensic Art Therapy expanded the practical application of the field beyond the traditional realms of evaluation and treatment and is a recognized sub-specialization (Cohen-Liebman, 1997).

Clients may be remanded by the court or referred by an investigative body to participate in an interview or evaluation. In the article “Investigation vs. Intervention”, Gussak and I clarified that Forensic Art Therapy is distinct from art therapy practiced within a Forensic Setting (Cohen-Liebman & Gussak, 1998; Gussak & Cohen-Liebman, 2001). We defined similarities and differences between the two modes of practice specifically with regard to definition, goals and objectives, populations/settings and the role of the art therapist.

In Forensic Art Therapy the art therapist does not present as a clinician but rather retains a neutral, objective stance, which corresponds with forensic or investigative principles. Forensic Art Therapists are familiar with legal tenets, case law and ethical standards of forensic practice. They may present findings and recommendations in court as well as provide information to the investigative team.

How did you get into this?

My Master’s Thesis considered the art therapist as an expert witness in child sexual abuse litigation. My thesis integrated material from law, psychology and art therapy. It addressed expert witness testimony and children as witnesses. I was hired by an independent agency that coordinated multidisciplinary team investigations of child sexual abuse to conduct mental health assessments. My position evolved into a child interview specialist as I was asked to conduct interviews for the investigative team. Subsequently, I was charged with the task of developing a Common Interview Guideline for multidisciplinary team investigations of child sexual abuse cases. Part of that process was developing an interview guideline and a corresponding training program.

What tools do you use?

The investigative interview guideline I developed includes free drawing (Cohen-Liebman, 1999). The guideline evolved from the need for a common language/interview process for a multidisciplinary team that investigated cases of child sexual abuse in an urban setting. The team included representatives from many disciplines, including law enforcement, social services, medicine and law. The guideline helped to bridge issues and barriers intrinsic to multidisciplinary team investigations such as differing burdens of proof.

The use of free drawing contributed to a child friendly process and helped minimize secondary traumatization. Drawing provided a way for team members to understand a child’s experience. Pictorial depiction often contributed to verbal associations and the disclosure of additional information.

Where is this going?

I think that every art therapist should be prepared for possible courtroom or legal participation. Specialized education and training should be available at the graduate level and for professionals as continuing education. Basic judicial tenets such as expert witness status and testifying should be included in art therapy curriculum and on-going professional development.

References

Cohen-Liebman, M. S., (1997). Forensic art therapy. Preconference course presented at the annual conference of the American Art Therapy association, Milwaukee, WI.

Cohen-Liebman, M. S., & Gussak, D. (1998). Investigation versus intervention: Forensic art therapy versus art therapy in forensic settings. Paper presented at the annual conference of the American Art Therapy Association, Portland, OR.

Cohen-Liebman, M. S., (1999). Draw and tell: Drawings within the context of child sexual abuse investigations. The Arts in Psychotherapy, 26 (3), 185-194.

Cohen-Liebman, M. S., (2002). Intro to art therapy. In A. P. Giardino & E.R. Giardino (Eds.), Recognition of child abuse for the mandated reporter, 3rd edition. St. Louis, MO: G.W. Medical Publishing.

Cohen-Liebman, M. S., (2003). Using drawings in forensic investigations of child sexual abuse. In C. Malchiodi (Ed) Handbook of clinical art therapy. New York: Guilford Publications, Inc.

Gussak, D. & Cohen-Liebman, M.S. (2001). Investigation vs. intervention: Forensic art therapy and art therapy in forensic settings. The American Journal of Art Therapy, 40(2), 123-135.

Rubin, J. (1979). Art therapy: An introduction. In Conference on Creative Arts Therapies (monograph) (pp.12-14), Washington, DC: American Psychiatric Association.

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About the Author
David Gussak Ph.D., ATR-BC

David Gussak, PhD, ATR-BC, is a professor and chair-person for the Florida State University Department of Art Education, and a clinical coordinator of its Graduate Art Therapy Program.

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