Reporting as Risk: The Dangers of Criminal Justice for Survivors of Sexual Violence

Abstract

For many victims of sexual violence, the trauma does not end with the incident itself, but may be drawn out for several months or even years. Secondary victimisation caused by conscious or non-conscious promotion of rape myths, negative stereotypes, or empathy fatigue can happen at the hands of both the public, personal relations, or sadly even those who are meant to support and protect victims. For those few victims who do engage with criminal justice, secondary victimisation poses a serious threat to their wellbeing, with the potential to negatively affect both mental health and future willingness to report crime.Sexual victimisation is seriously under-reported by both male and female victims. The social stigma attached to sexual victimisation, the trauma of police interviews, court proceedings, and medical examinations, as well as the psychological implications of victimhood, are all significant motivations to avoid reporting, especially in cases of sexual violence. The risk of experiencing this secondary trauma is so severe that some go so far as to suggest that victims may be better off not reporting their ordeals to the police at all.This chapter will firstly introduce the data on the under-reporting of sexual crimes, review current explanations and discuss the dismal prosecutorial success rates in relation to sexual violence in Scotland. It will then present evidence regarding the traumatic nature of the criminal justice system for victims of sexual violence, drawing on the academic literature including a critique of existing policy and practice, ongoing qualitative research with victims of crime in Scotland, as well as some highly publicised recent cases in the British media. Finally, the chapter will end by providing suggestions for reducing the risk of secondary victimisation and making the criminal justice system more victim friendly