Criminal justice re-victimization of sexual abuse victims
A body of literature suggests that the survivors of sexual abuse and violence have been let down by the criminal justice system. Evidence shows that there is poor treatment of survivors as most perpetrators have not been convicted or even receive lenient sentencing. Such patterns recorded in the criminal justice process raises doubt regarding its effectiveness in addressing issues of sexual abuse. Most sexual abuse and sexual violence survivors have reported that theh had a negative experience with the criminal justice system. One major problem with the criminal justice system it has made it impossible for sexual abuse victims to report their cases such that getting a case on sexual assault to the court is a big challenge fir the victims.
Most sexual abuse victims show little intrest in getting their cases to the court for justice to be served. The main reason is that they fear disbelief, retribution, unjustified blame, and re-traumatization after being let down by the system. The criminal justice system has also failed to recognize the attitude among sexual abuse victims whose preference is to avoid seeking justice in fear of the way the system will treat them ( Hohl & Stanko, 2015) . Furthermore, those who decide to report their cases to the system usually undergo many challenges when they do not have legal support. Some of the victims also argue that the law enforcement units like police do not have the right training in dealig with a sexual abuse incidence as they usually treat it as a normal case.
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Another issue is usually recorded during the trial since with the need for evidence, testifying can undermine the survivor's credibility and reliability while their stories being considered plausible ( Hohl & Stanko, 2015) . The criminal justice system tends to accuse the survivors of lying and fabricating their stories while invoking the rape myths and stereotypes ( Hohl & Stanko, 2015) . Thus, the criminal justice system usually subjects the victims to some form of secondary victimization which can seriously affect the victim in terms of their well-being and mental health ( McGlynn & Westmarland, 2019) . Thus, survivors of sexual abuse are usually exposed to major problems when testifying while at the same time suffer from the psychological consequences associated with rape or sexual violence.
An example is when a victim of rape develops trauma that can lead to a post-traumatic stress disorder, some of the things the criminal justice does not take into account when asking the victims to testify. Victims with PTSD tend to avoid thought related to trauma yet the criminal justice system forces them to address trauma while testifying in court ( Hohl & Stanko, 2015) . The main irony is that the defense team usually uses the psychological consequences associated with sexual abuse as a means of undermining the victim’s claims of having experienced sexual assault ( McGlynn & Westmarland, 2019) . Some victims of sexual assault have reported that going through criminal justice made them feel that they had been raped all over again when the judge attempted to undermine their testimony.
Some sexual assault victims who have succeeded in taking their case to court have also reported the distressing experience they went through as they always find themselves subject to hostile questioning ( Hohl & Stanko, 2015) . Telling a crowd regarding the experiences of rape one went through is profoundly upsetting yet the defense tends to undermine the position of the victims subjecting them to intimidation as it is difficult to talk about memories that cannot go away since victims also feel shame ( McGlynn & Westmarland, 2019) . Thus, the biggest problem with the criminal justice system relates to the way it deals with the victims and the judgment it gives regarding the perpetrator.
The most significant impact is associated with the witness box where a victim of sexual assault is expected to testify and give an account of everything that happened yet such memories are traumatizing and can eventually lead to mental health problems ( Hohl & Stanko, 2015) . The case presented in this first section raises the need for reforms and policies that will safeguard victims of assault when seeking justice in courts.
Need for reforms on law and policies to address re-victimization
The issue of re-victimization in the criminal justice system especially for victims of sexual assault has raised the need for major changes in the court system and the way victims are handled. The reforms that have been witnessed in the criminal justice system have centered on the improvement of the system's effectiveness like increasing the rate of conviction of felons (Held, 2015). However, there is a need for reforms in the system that focuses on recognizing and increasing sensitivity to the needs of most victims that come to seek justice. For instance, the success of the prosecution should not only focus on ensuring the conviction of the felons but also ensure the victims are not left devastated (Held, 2015). The one thing the criminal justice system should focus on should be listening to the survivors and establish their needs and what they consider to be justice and the changes they would propose even though the same propositions should be weighed against the rights of the defendants.
Survivors need to have legal, advocacy, and psychological support and must be allowed their legal counsel through the trial. Such a reform will increase their trust in the system as the victims will not fear discrimination (Held, 2015). The victims also need psychological support when they involve in the legal processes as it is a traumatizing experience. Furthermore, there is a need for the court and criminal justice system to educate the juries on the potential psychological effects of sexual abuse including the effects of strategies employed by the defense when cross-examining the victim (Held, 2015).
The trend and research carried out in the area of criminal justice and its dealing with the victims of sexual assault has led to the development of policies and reforms that led the protection of victims of sexual assault. The two main policies that have been developed are Rape shield law and the campus sexual assault victim’s bill of rights. The provisions of the campus sexual assault victim’s bill of rights are that the higher education is required to ensure campus authorities treat sexual assault victims with respect while fully cooperating with the victims in exercising their rights (Held, 2015).
The provision requires that campus sexual assaults be investigated by civil and criminal authority and requires that the victims be provided with the same representation and rights for others to be present (Held, 2015). On the other hand, the rape shield laws are important legislation restricting the way victims should be asked regarding sexual history. The legislation has an essential role in protecting rape victims and conveys an important message to the victims as it bars the defense counsel from making unwarranted inquiries in the victim’s sexual history.
Law enforcement trainings on handling sexual abuse cases
Besides making reforms in the court system, other changes have also been made for the law enforcement departments who have developed a specialized sex crime unit thus enhancing its efficiency. Most enforcement agencies have strengthened their in-house training and opted to send other officers for specialized training aimed at ensuring the officers treat the victims sensitively. Basic academy training is also being incorporated focusing on teaching sensitivity towards victims of crime like rape. Academy training, in-house training, and specialized training are the main training approaches that the law enforcement agencies have adopted and incorporated in their operations aimed at bettering their officers’ way of dealing with victims of sexual assault.
The essay has explored the various areas of the criminal justice system that require reforms due to its indirect re-victimization of the sexual assault victims. The main area of interest has been the court process specifically in the witness chambers where victims’ experiences leave them with psychological issues like PTSD. Major reforms are therefore needed if the criminal justice system is to address the grievances of victims of sexual violence.
References
Held, M. (2015). A Constitutional Remedy for Sexual Assault Survivors. Geo. J. Gender & L. , 16 , 445.
Hohl, K., & Stanko, E. A. (2015). Complaints of rape and the criminal justice system: Fresh evidence on the attrition problem in England and Wales. European journal of criminology , 12 (3), 324-341.
McGlynn, C., & Westmarland, N. (2019). Kaleidoscopic justice: Sexual violence and victim-survivors’ perceptions of justice. Social & Legal Studies , 28 (2), 179-201.
