RELEVANT
FOCUSED
READY

Factors Influencing Retraumatization Amongst Sexual Assault Victims
Liam Feenan

Introduction

Victims of intimate partner violence face retraumatization
when reporting their crime. The intention of this study was to
analyze victims experience with the criminal justice system
from a trauma informed lens. Themes and recommendations
were developed in response to victims needs and the
subsequent impacts set out in Haskell and Randell’s (2019)
report. The research question that this paper sought to
answer is: what are the factors influencing retraumatization
amongst sexual assault victims when reporting to the criminal
justice system?

Background

Retraumatization as a result of the Criminal Justice System
(CJS) is most prevalent in cases of intimate partner violence,
specifically, sexual assault. When victims develop the courage
to take legal action against their abuser, they are often faced
with disbelief, victim-blaming, and disempowerment.
Whether it be police interviews or court processes, the
journey to justice is regarded as an uphill battle. Emerging
neurobiological studies have placed an emphasis on trauma
informed practice as they disprove the effectiveness of certain
police techniques or court proceedings (Haskell & Randall).
Boyd (2011, p.5) refers to the interactions between the CJS
and victims as “the second rape”; therefore, this study will
examine beneficial alternatives to the presently employed
standards and practices.

Methods

The methodology used for this study was a qualitative
comparative analysis. The collection of literature focused on
primary studies of sexual assault victims surrounding their
experience with the criminal justice system, both police and
courts. Research was gathered using the Justice Institute of
British Columbia library and Google Scholar. The study
conducted by Haskell and Randall (2019), ‘The Impact of
Trauma on Adult Sexual Assault Victims’, served as a
framework to compare all other literature reviewed in this
report. Trauma Informed Practice served as lens to examine
victims experiences with the criminal justice system. Themes
were identified from the data to illuminate the shared
experiences of victims. The discussions section reviews the
data around trauma informed practice and how it can mitigate
revictimization when reporting sexual assault.

Results/Findings

Police interviews were identified as a precursor to
retraumatization. The shared experiences of victims in police
interviews can be summarized into three distinct points: (1)
Non-belief, (2) victim blaming, (3) dismissive behaviour.
Victims expressed that the police interviews mirrored the
unequal power and control that they had experienced in their
abusive relationship or attack (Lorenz et al., 2019). Interviews
with the police were reportedly less of a safe space to report
their attack and more of a disguised interrogation to prove
validity.
Court was identified as a source of revictimization in two
specific ways: (1) the court process, (2) the outcomes of trial.
Defence attorneys were identified as the cause of significant
distress since many victims in the study were discredited for
not having an accurate recollection of the events. 85% of
defence lawyers were viewed as insensitive and other court
players like police or crown attorneys shared similar findings
(Regehr et al., 2012). 70.3% of victims indicated the outcome

Bachelor of Law Enforcement Studies

of court processes were destructive (Regehr et al., 2012). The
study found that one-third of the reported cases resulted in
the offender being sentenced to jail; however, the majority of
victims (82.6%) felt unsatisfied with the length (Regehr et al.,
2012).
Following what is best described as broken expectations with
the justice system, unsupported respondents turned to
alcohol and drugs as a coping mechanism (McQueen et al.,
2021). Those who had reported not being believed by the
police also indicated higher rates of drug use and binge
drinking (Conroy & Cotter, 2017). Police who lack trauma
informed practice when taking victim statements or
interviews perpetuate these negative influences on victims.

Discussion

Based on the shared experiences of victims, trauma informed
practice in the criminal justice system would benefit survivors
in a variety of ways. The brain’s defence circuitry during a
traumatic event or when under perceived threat, a
neurobiological ‘freeze’ occurs and sensory information is
blocked out. Discrediting victims based on recollection is both
unethical and impractical. Trauma informed practice in both
police interviews and courts can promote long term recovery
and memory retention. Forensic Experimental Trauma
Interviews (FETI) have seen success in decreasing
victimization and promotes collaboration. Specialized training
for lawyers, counsel, and judges on the neurobiology of
trauma would help increase victim’s confidence and create a
safe place within the criminal justice system.

Conclusions

Trauma informed practice has been situated in victim services
and long-term counselling for decades yet the criminal justice
system's resistance to reform furthers the neglect of
survivors. To advance this field, the results of a trauma
informed system need to be further analyzed in it’s practice
and implementation. Research should continue to prioritize
the victims' perception in survey studies and interviews.
Haskell and Randell’s (2019) report should be the basis of all
specialized training and iterations of a trauma informed
approach to criminal justice.

References

Boyd, C. (2011). The impacts of sexual assault on women.
Retrieved from https://aifs.gov.au/publications/impactssexual-assault-women.
Haskell, L., Randall, M. (2019). The impact of trauma on adult
sexual assault victims. Department of Justice Canada.
Regehr, C., Alaggia, R., Lambert, L., & Saini, M. (2008). Victims
of sexual violence in the Canadian criminal courts. Victims
and Offenders, 3(1), 99-113.
Lorenz, K., Kirkner, A., & Ullman, S. E. (2019). A Qualitative
Study Of Sexual Assault Survivors’ Post-Assault, International
Society for the Study of Dissociation (ISSD), 20(3), 263–287.
https://doi.org/10.1080/15299732.2019.159264

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Justice Institute of British Columbia

December 2021