Survivors of sexual violence face court re-traumatization

Survivors of sexual violence face court re-traumatization
Credit: Toby Melville/Reuters

London (Parliament Politics Magazine) – The majority of survivors of sexual violence are subjected to rape myths during cross-examination, such as being questioned about what they were sporting or if they were out for revenge, according to research.

A report by the charity Victim Support stated the court process was re-traumatising sufferers, with one telling researchers: “You’re a piece of meat being pulled through the court system.” The report, Suffering For Justice (pdf), interviewed 40 survivors of sexual violence and specialists helping them through the court process and investigated 38 cases that went through the courts between March and October of last year.

What impact does cross-examination have on victims?

Some survivors who proceeded to court developed PTSD and had suicidal views and some attempted to extinguish themselves. Long waits for chances to get to court and repeat adjournments at every step of the criminal justice system compounded victims’ trauma, with the average wait for an adult subject to come to court in England and Wales about three years and a case concerning a young person about 2.4 years.

Ministry of Justice data reveals that in the year ending June 2023, 11,506 defendants were moved against for sexual offences, and in 2022–23, 3,004 defendants were apprehended with rape-related offences.

What statistics reveal the prevalence of sexual violence?

Millions of people in England and Wales have been sufferers of sexual violence: it is estimated that one in four females and one in 18 men have been subjected to some form of sexual brutality since the age of 16. Some 3.1 million adults were victims of sexual abuse before the age of 16. However, reporting rates are inferior. The Crime Survey for England and Wales indicates that fewer than one in six victims of rape or sexual assault registered the crime to the police.

Victim Support is calling on the administration and criminal justice agencies to terminate the use of rape myths and victim-survivors’ sexual past by the defence, to deliver victim-survivors their rights and to make tangible, time-bound promises to reduce court delays and adjournments.