The court process is re-traumatising victim-survivors of sexual violence, with some being diagnosed with post-traumatic stress disorder (PTSD) and experiencing suicidal thoughts, according to a new report published today by the charity Victim Support.
Their report examines the experience of sexual violence victim-survivors where the defendant has been charged and the case has gone to court, found three quarters of victim-survivors were subjected to questions and accusations associated with rape myths by the defence, during cross examination.
One-third of victim-survivors were asked what they did to stop the offence while it was happening,one third faced accusations that pursuing justice was a way of seeking revenge and one-third experienced questions about their alcohol consumption or substance use
15% faced questions about what they were wearing and 12% faced questions and accusations that the incident was just regretful or bad sex
Half of cases analysed waited three years or more from the point of reporting to the police to the first court date and nearly half of cases analysed were adjourned, some up to four times, often at the last minute, with no explanation.
Lengthy waits of up to eleven months persisted at sentencing and, even when there was a guilty verdict, offenders who lived close to victim-survivors were sometimes not remanded in custody.
The report exposes an absence of information and updates at every stage of the criminal justice process.
Some victim-survivors went as long as eight months without receiving any communication and the information they did get was often confusing or altogether inaccurate.
Katie Kempen, Chief Executive Officer at Victim Support said:
“The court process is, quite simply, asking too much of victim-survivors. There is a post code lottery, when it comes to whether they are receiving vital rights – like special measures and information about the progress and outcome of their case.”
According to the research, special measures, which aim to improve experiences of court – such as being able to give evidence behind a screen or via video link – were not consistently offered or properly explained to victim-survivors.
Long waits for trial meant victim-survivors who had been granted additional special measures as children had become adults by the time their case reached court, meaning they were then denied.
At court, they experienced unwanted contact with the defendant or the defendant’s supporters and at the end of the process were left with little understanding or access to information about what the sentence actually meant.
Kempen continues:
“Victim-survivors who go to court are left dealing not only with the impact of the crime, but also their experience of the criminal justice system. The process is re-traumatising people and profoundly damaging their mental health – many regret that they ever reported the crime to the police. This research must be a catalyst for change – victim-survivors are paying way too high a price for justice.”
