A recent damning report in the UK revealed that court procedures in sexual violence cases are deeply traumatizing for some victims, with nearly three-quarters of survivors being questioned by defense lawyers facing questions based on false and harmful assumptions about rape.
Research conducted by Victim Support (a charity that provides assistance and guidance to victims of sexual and domestic violence in Britain) showed that a number of survivors had suicidal thoughts while going through these legal procedures in the courts, and some of them actually tried to end their lives, and were diagnosed with Some of them suffer from Post-Traumatic Stress Disorder (PTSD), as a result of the experience they went through during the trial.
Two of the victims, women whose attackers had been convicted, spoke about the difficulties they faced while dealing with the criminal justice system. Researchers found, by examining the experiences of victims of sexual violence in cases brought before the courts, that a third of them were accused of trying to achieve justice. Out of a desire for revenge.
A third of the victims were questioned about their use of alcohol or drugs, while 15 percent of them were asked questions about their clothing during the alleged rape.
In addition, 12 percent of the victims faced skepticism from the defense lawyer, such as being asked questions or accusations related to whether what they were exposed to was a bad sexual experience, or a consensual practice that they later became addicted to.
The research revealed that half of the cases examined had waiting periods of about three years or more between the date of issuance of the initial police report and the trial date.
About half of the cases were also postponed, some as many as four times, and this often happened at the last minute without any explanation being provided for the reasons for the postponement.
The study conducted by the Victim Support Foundation was based on interviews with victims of sexual violence and the association’s specialists who worked with them, in addition to analyzing specific cases.
In this context, Eli* reported after being raped in 2018 that she suffered a delay of about five years before the trial began, and was forced to file an appeal against a decision taken by the police to close her case.
“Standing on the stand to testify was one of the scariest experiences I have ever faced. I felt like I was walking to a noose or like a trapped animal.”
She added that the police arrested the assailant after reporting the incident, but he was released while they were investigating the case.
She said, “He lived close to my house, and I always felt anxious about meeting him, and wondered if he would repeat what he did to other women. This made it very difficult for me to recover and move forward.”
Her fears were justified. About six months later, the perpetrator was re-arrested on another rape charge, but the police did not bring any charges against him. Ellie recounts that in 2011, an investigator called her to inform her that her case would be closed.
She said, “The call was very ordinary, as if it were just another routine matter,” but she succeeded in filing an appeal of the decision, and the trial date was set for 2023.
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Speaking about her experience while the defendant’s defense lawyer was questioning her in court, Ellie described that moment, saying, “Appearing to testify was one of the most terrifying experiences I have ever faced. I felt as if I was walking towards a noose or as if I were a trapped animal.”
During the session, the defense questioned Ellie about the footage from one of the surveillance cameras that showed her adjusting the position of her shirt while she was standing next to the perpetrator, and she continued, “I had to justify behavior that I considered normal, and I was forced to tell a group of strangers that I have large breasts and sometimes I need to adjust them.” “Their situation.”
Ellie went on to say, “The defense tried to portray it as if I was seeking revenge on the perpetrator, and that I had spent an exciting night with him and later regretted it.” Ultimately, the jury unanimously decided to convict the assailant and he was sentenced to 19 years in prison.
The criminal justice process “re-traumatizes victims and severely impacts their mental well-being.”
Katie Kempen
As for Kate*, a victim of sexual assault, she had to wait three years, and endure three postponements of the legal process, before her case was finally referred to trial in 2023.
It is noteworthy that Kate reported the crime while she was still a minor, and a group of special and different measures were provided to help her, but by the time of her trial she was over the age of 18, which led to the cancellation of some of these measures.
Kate expressed her dissatisfaction with the defense lawyer’s interrogation of her about her clothing when she said, “I did not feel that it was appropriate and I felt very uncomfortable.” Despite the conviction of the perpetrator on all charges against him, Kate is still waiting for his ruling to be issued after the court hearing date was cancelled.
The CEO of the Victim Support Association, Katie Kempen, explained that “the trial process imposes a great burden on victims, as there is great variation in the ways they obtain basic rights such as special measures and updates on the progress of their cases and results.”
She noted that the process of the criminal justice system “re-traumatizes victims and severely affects their mental well-being,” leading many of them to regret reporting it to the police in the first place.
The charity called on the British government and criminal justice agencies to take concrete steps to address the problem of delaying trials and postponing the adjudication of cases.
Finally, the Independent contacted the British Ministry of Justice to comment on the above.
*Names have been changed to protect the real identities of the victims
