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What specific aspects of the criminal justice system have been shown to have an impact on survivors?

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Research, though limited, highlights that specific aspects of the criminal justice system, such as the initial reporting of incidents and interactions with legal personnel during the investigative process and court proceedings, significantly affect survivors of domestic violence, sexual assault, and co-victims of homicide (Bradshaw et al., 2024; Calton & Cattaneo, 2014; Englebrecht et al., 2014; Gutowski & Goodman, 2019; Iwasaki et al., 2023; Lorenz et al., 2019; Lorenz & Jacobsen, 2024; Reed et al., 2022; Reed et al., 2020). 

Domestic Violence Victims  

Research on the impact of criminal justice processes shows that the initial reporting of incidents and interactions with legal personnel during court proceedings significantly affect the lives of domestic violence victims (Bradshaw et al., 2024; Calton & Cattaneo, 2014; Gutowski & Goodman, 2019; Lysova et al., 2020; Nnawulezi et al., 2022; Osborn & Rajah, 2022). 

  • When victims of domestic violence report to law enforcement, they often encounter inadequate responses, lack of support, or a failure to be taken seriously; this can leave them feeling disempowered and distrustful of the justice system (Calton & Cattaneo, 2014; Nnawulezi et al.,2022). A scoping review of domestic violence survivors’ experiences with the criminal legal system revealed that reporting to the police was challenging and ineffective. Victims often felt that the process did not enhance their safety, and some experienced victim-blaming or accusations from law enforcement (Osborn & Rajah, 2022). 
  • Interactions with legal personnel during court hearings can also be harmful to domestic violence survivors. In a study involving 214 mothers exposed to intimate partner violence, about 30 described the court process as adversarial and retraumatizing, especially during cross-examination (Bradshaw et al., 2024). Another study focusing on 19 IPV-exposed mothers found that court personnel often lacked awareness of abusive tactics, such as coercive control, and some mothers felt their experiences of violence were trivialized, leaving them feeling powerless in the courtroom (Gutowski & Goodman, 2019). In addition to female victims, male victims of domestic violence also encounter negative experiences in court proceedings. A study by Lysova and colleagues (2020) revealed that men seeking protective orders or child custody faced poor treatment from legal personnel, gender discrimination, and were often perceived as the perpetrator; this contributed to feelings of hopelessness regarding their chances of receiving support and securing custody of their children. 

 

Sexual Assault  Victims  

Research indicates that the criminal legal processes significantly impact victims of sexual assault, particularly during the initial reporting of incidents and interactions with legal personnel during court proceedings (Calton & Cattaneo, 2014; Iwasaki et al., 2023; Lorenz et al., 2019; Lorenz & Jacobsen, 2024; McQueen et al, 2021; Murphy-Oikonen et al., 2022). 

  • For example, a study by Lorenz and Jacobsen (2024) found that negative responses from law enforcement during the initial report and throughout the investigation deterred sexual assault survivors from reporting future crimes. Similarly, another study revealed that sexual assault survivors that were not believed by the police when they initially reported their victimization resulted in distrust towards the justice system as well as negative impacts to their wellbeing and inability to find closure (McQueen et al., 2022).  
  • Interactions with legal personnel during court hearings can also be harmful to sexual assault survivors. In a study by Lorenz and colleagues (2019), three survivors reported feeling unsafe, disrespected, and disempowered due to interactions with judges on their cases. A more recent study on secondary victimization in the legal system involved 41 advocates who worked closely with survivors. Seventeen advocates noted that repeated questioning by prosecutors and defense attorneys, insufficient information about the legal process, and a lack of input in case decisions can be emotionally challenging, disempowering, and revictimizing for survivors (Maier, 2024). 

 

Homicide Co-Victims  

Recent studies have found that for homicide co-victims, initial interactions with law enforcement, court proceedings, and follow-up investigations can have a particularly negative impact (Englebrecht et al., 2014; Reed et al., 2022; Reed et al., 2020). 

  • Regarding initial interactions with law enforcement—specifically during a report of a missing person, crime scene investigations, and death notifications—studies indicate that co-victims may experience inadequate or insensitive communication, contributing to emotional distress and hampers their ability to grieve properly (Englebrecht et al., 2014; Reed et al., 2020). For example, a study involving 13 families of homicide victims found that the dismissive attitudes and victim-blaming from law enforcement contributed to significant emotional distress (Englebrecht et al., 2014).  
  • Homicide co-victims have reported negative experiences with the ongoing investigation process. Poor communication and perceived inaction from law enforcement, characterized by lengthy wait times and delays, can hinder their grieving process and lead to feelings of revictimization (Reed et al., 2020; Reed et al., 2022). In a study of 27 co-victims, participants expressed feelings of disrespect and revictimization due to inconsistent communication and a lack of empathy and concern from legal personnel (Reed et al., 2022). 
  • Court proceedings are another point in the process where co-victims can experience secondary victimization by legal personnel (Reed et al., 2022; Reed et al., 2020). In a study involving 27 co-victims from 24 murder cases, many reported issues such as inadequate notifications about case updates, delays in the legal process, poor communication, and disrespectful treatment from attorneys and judges. Participants noted that the emotional restrictions of the court exacerbated their trauma, and many felt excluded from meaningful decision-making, particularly regarding sentencing, which they viewed as trivializing their loved ones’ lives (Englebrecht et al., 2014). 

 

References

 

  • Bradshaw, J., Gutowski, E. R., & Nyamwezi, K. (2024). Intimate partner violence survivors’ perspectives on coping with family court processes. Violence Against Women, 30(1), 101-125. https://doi.org/10.1177/1077801223120558 
  • Calton, J., & Cattaneo, L. B. (2014). The effects of procedural and distributive justice on intimate partner violence victims’ mental health and likelihood of future help-seeking. American Journal Of Orthopsychiatry, 84(4), 329. https://doi.org/10.1037/h0099841 
  • Englebrecht, C., Mason, D. T., & Adams, M. J. (2014). The experiences of homicide victims’ families with the Criminal Justice System: An exploratory study. Violence and Victims, 29(3). https://doi.org/10.1891/0886-6708.vv-d-12-00151  
  • Gutowski, E., & Goodman, L. A. (2020). “Like I’m invisible”: IPV survivor-mothers’ perceptions of seeking child custody through the family court system. Journal Of Family Violence, 35(5), 441-457. https://doi.org/10.1177/1077801223120558 
  • Iwasaki, M., Picchiello, M. C., Morgan, C. H., & Henninger, A. L. (2023). Voices of female sexual assault survivors: striving for survivor-centered reporting processes in the US criminal justice system. Psychology Of Women Quarterly, 47(1), 65-79. https://doi.org/10.1177/03616843221136869   
  • Lorenz, K., & Jacobsen, C. (2024). Sexual violence survivors’ experiences with the police and willingness to report future victimization. Women & Criminal Justice, 34(2), 107-129. https://doi.org/10.1080/08974454.2021.1985045    
  • Lorenz, K., Kirkner, A., & Ullman, S. E. (2019). A qualitative study of sexual assault survivors’ post-assault legal system experiences. Journal of Trauma & Dissociation, 20(3), 263– 287. https://doi.org/10.1080/15299732.2019.1592643  
  • Lysova, A., Hanson, K., Hines, D. A., Dixon, L., Douglas, E. M., & Celi, E. M. (2020). A qualitative study of the male victims’ experiences with the criminal justice response to intimate partner abuse in four English-speaking countries. Criminal Justice and Behavior, 47(10), 1264-1281. https://doi.org/10.1177/0093854820927442 
  • Maier, S. L. (2024). Advocates’ perception of the secondary victimization of rape survivors by law enforcement, the legal system, and hospital professionals. Violence Against Women, 0(0), 1-25.  https://doi.org/10.1177/1077801224129226 
  • Nnawulezi, N., Engleton, J., Jumarali, S., Royson, S., & Murphy, C. (2022). “Isn’t there any other way than calling the cops?”: How differences in initiation of police intervention influence survivor safety. Journal Of Interpersonal Violence, 37(23-24), NP21953-NP21974. https://doi.org/10.1177/08862605211064287  
  • Osborn, M., & Rajah, V. (2022). Understanding formal responses to intimate partner violence and women’s resistance processes: A scoping review. Trauma, Violence, & Abuse, 23(5), 1405-1419. https://doi.org/10.1177/1524838020967348 
  • Reed, M. D., & Caraballo, K. (2022). Voice of the victims: Accounts of secondary victimization with the court system among homicide co-victims. Journal Of Interpersonal Violence, 37(13-14), 10832-10861. https://doi.org/10.1177/0886260521989732   
  • Reed, M. D., Dabney, D. A., Tapp, S. N., & Ishoy, G. A. (2020). Tense relationships between homicide co-victims and detectives in the wake of murder. Deviant Behavior, 41(5), 543-561. https://doi.org/10.1080/01639625.2019.1574256 

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