For sexual violence survivors who choose to access the criminal justice system, working with a specialized police and court support advocate can have a huge positive impact on their experience.
The criminal legal system is a crucial pathway to justice for victims of crime. It provides a mechanism to hold the offender accountable for their actions. However, when it comes to sexual violence, this system is often described as flawed and broken.
Most cases aren’t reported
Most people who experience sexual violence do not seek formal help from either the health or criminal justice systems. Only 6% of sexual assaults in Canada are reported to police.
Common barriers to participating in the criminal justice system include:
- fear of not being believed
- problematic treatment by police, lawyers, judges, and other justice system personnel
- personal repercussions of reporting, and
- concerns about the criminal justice process, including fears they may have about reporting or going to court.
These barriers are often reinforced by the negative experiences described by other victims who have spoken with police or who have participated in the system.
Stigma and discrimination are especially pronounced for members of equity-deserving groups. Not only are members from these groups disproportionately targeted for sexual violence, they also face heightened systemic barriers and are the least likely to have cases investigated, prosecuted, or tried.
Because of these factors, choosing to engage in the criminal justice system is often a difficult and complex decision for survivors.
Specialized support to navigate the justice system
Sexual Assault Services across Alberta offer Specialized Police & Court Support programs to help individuals who have experienced sexual violence as they consider their options for seeking justice. Advocates provide emotional support to help alleviate concerns about the system, while also validating the harm the survivor has experienced.
Research indicates that “most survivors who worked with advocates reported less secondary victimization from legal and medical system personnel, and less post-system-contact distress than those who did not have the assistance of advocates,” a finding that can have “important long-term benefits for … survivors”.
In Alberta, survivors can reach out to advocates at any stage of the criminal justice process. Advocates’ work focuses on three main pillars of support: information, choice, and control.
Information
Advocates give survivors unbiased and comprehensive information about:
- the criminal justice process
- the roles and responsibilities of key players
- procedures
- possible outcomes of the process, and
- potential consequences of their decisions.
Choice
Existing outside of the investigative and legal framework of the criminal justice system allows advocates to discuss all available options with survivors. It also allows the individual to make the choice that best fits their circumstances, goals, and needs at that time.
Control
Individuals who have experienced sexual violence often feel they lose control once larger systems, like law enforcement and prosecution, become involved. Control established through their interactions with advocates can increase their confidence about participating in the criminal justice system, address safety concerns, and validate their experiences. These all can build resiliency in the face of a long and often confusing process that is outside of their control.
Advocates benefit survivors and the system
Independence from institutional legal structures allows community-based advocates to:
- prioritize the safety, welfare, and well-being of survivors
- challenge authorities when necessary, and
- build trust within communities with histories of negative experiences with the criminal justice system.
The current criminal justice system and its processes are often not conducive to a trauma-informed approach. Instead, the justice system is adversarial in nature and often traumatic for survivors. There is evidence that individuals who work with an advocate are more satisfied with their experience and receive more system services. The result is lower secondary victimization, increased court participation, and potentially improved court outcomes.
This underscores the need for an advocate that is not only independent from the criminal justice system, but one that provides services trauma-specific to sexual violence.
Increasing trauma-informed options to access justice
There has been a shift towards creating safer pathways for survivors of sexual violence to access the justice system. One innovative option is Supportive Reporting, which allows the police interview to happen at a sexual assault service location with a support advocate available to the survivor.
Another approach is Third-Party Reporting. This allows the survivor to access support and to report the details of a sexual assault to law enforcement anonymously, through a community-based program.
In Alberta, the Association of Alberta Sexual Assault Services has partnered with RCMP K Division to create an online third-party reporting platform. This online platform enhances access to both justice and support for survivors, with multiple reporting options available. Because the platform is hosted independently of law enforcement, it preserves the survivor’s choice and control over what happens to their story and data.
Working together
As we strive to create a more just and inclusive legal system, working collaboratively to provide support for those who have experienced sexual violence helps to bridge the justice gap and fosters survivor resilience. Through ongoing collaboration and advocacy, all criminal justice professionals can work towards a more compassionate and effective criminal justice system that prioritizes the well-being of survivors and addresses the systemic barriers that perpetuate injustice to build safer communities for everyone.
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DISCLAIMER The information in this article was correct at time of publishing. The law may have changed since then. The views expressed in this article are those of the author and do not necessarily reflect the views of LawNow or the Centre for Public Legal Education Alberta.
About Lisa Oracheski
