FACTORS INFLUENCING SEXUAL ASSAULT RETRAUMATIZATION

Factors Influencing Retraumatization Amongst Sexual Assault Victims:
A Qualitative Study of the Criminal Justice System

Liam Feenan
Justice Institute of British Columbia
LAWS4003: Research Project
Bachelor of Law Enforcement Studies
11/02/2021
Advisor: Dr. Nora Houlahan

Author Note
This paper was proposal was prepared for LAWS4003: Research Project, cohort 9,
capstone project. There are no conflicts of interests to disclose.

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FACTORS INFLUENCING SEXUAL ASSAULT RETRAUMATIZATION
Abstract
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. The literature reviews purpose is to explore victims experience
surrounding the impacts of retraumatization and to identify common themes. This paper is
designed to analyze shared accounts of revictimization with a trauma informed lens. The
emerging research in neurobiology and how it impacts victims memory retention is a major
focus. The results suggest further education and policy that promote trauma informed practice
would reform the CJS into a safe space for victims seeking justice.
Keywords: Retraumatization, trauma informed practice, criminal justice system, victim
betterment, victim perception, public safety

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Table of Contents
Abstract……………………………………………………………………………………………2
Table of Contents………………………………………………………………………………….3
Background………………………………………………………………………………………..4
Research Questions………………………………………………………………………………..5
Trauma Informed Practice………………….……………………………………………………..6
Research Design and Methodology……………………………………………………………….7
Literature Review…………………………………………………………………………………9
Insensitive Police Interviews as Precursor to Retraumatization…………………………10
Court as Source of Retraumatization…………………………………………………….12
The Trial Process as Insensitive………………………………………………….12
The Outcome of the Court Process………………………………………………13
Substance Abuse as a Result of Not Being Believed By Police…………………………14
Discussions and Findings………………………………………………………………………...15
The Impacts of Neurobiology on Memory Retention……………………………………15
Trauma Informed Police Interviews……………………………………………………..16
Trauma Informed Court Proceedings…………………………………………………….18
Conclusions………………………………………………………………………………………20
References………………………………………………………………………………………..22

FACTORS INFLUENCING SEXUAL ASSAULT RETRAUMATIZATION
Background
Intimate partner violence (IPV) is a pervasive issue facing both society and the police.
The criminal justice system (CJS) must tread carefully when formulating a response to IPV
victims, specifically, those who have endured sexual violence. A well documented phenomenon
lies within the unreported acts of violence against both males and females that derive from a
mistrust in the CJS and police (Haskell & Randall, 2019). The purpose of this comparative
analysis is to generate an understanding of the variables surrounding retraumatization when
victims come in contact with the CJS. This study will utilize pre-existing literature and case
studies to explore how various criminal justice processes such as police interviews or court
appearances can deter victims from reporting their attacks (Haskell & Randall, 2019). 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, 2019).
The purpose of this qualitative comparative analysis is to generate an understanding of the
variables surrounding retraumatization by exploring the shared experiences of sexual assault
survivors. The focus of this research is to examine victim experiences when interacting with
police or court personnel.
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. Currently available literature regarding retraumatization of sexual
assault victims is primarily concerned with prosecution outcomes, family reactions, and or onset
mental health deterioration (Boyd, 2011). This comparative analysis will identify and make
recommendations on the gaps in literature existing as a result of dated articles, varying laws by

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country, and excluded information. It remains imperative that literature in this field is current in
order to promote victim reporting, wellbeing, and public awareness.
A transformative worldview was applied to this research, as it focused on power
imbalances and the change oriented field of victim betterment. Creswell (2014) suggests that
transformative research places an emphasis on social change and oppression at various levels.
For this present study, the research question is focused on the use of victim experience to form
practical recommendations and solutions to improve and promote the reporting of sexual assault
cases. This establishes the proper conditions and grounds to conduct a transformative study.
The study conducted by Haskell and Randall (2019), ‘The Impact of Trauma on Adult
Sexual Assault Victims’, served as a lens to evaluate all other literature reviewed in this report.
The neurobiological impact of trauma on victims is a newly discovered phenomenon that needed
to be contrasted to each of the other studies included. The four part submission to the Justice of
Canada includes an in-depth review of the trauma of sexual assault, the emerging science in
neurobiology, how trauma affects memory, and finally, an extensive recommendation made for
trauma-informed practice in the criminal justice system (Haskell & Randall, 2019). Comparing
the results of other research to Haskell and Randell’s findings allowed for a more consistent and
accurate analysis.
Research Question
The field of sexual violence and victim reporting experience is relatively established in
literature; however, trauma informed practice and the neurobiology of trauma is an expanding
area of research. The central 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?

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Utilizing the comparative analysis design and Haskell and Randall’s research as a frame
of reference, means three additional sub questions will be answered in the course of this report:
What direction is the research heading in? What is the current state of the literature? How can
trauma informed practice be implemented in the criminal justice system?
Trauma Informed Practice
For the purposes of this paper, the six pillars of trauma informed practice will be
discussed. These pillars slightly differ depending on the context; however, the literature
produced by the Substance Abuse and Mental Health Services Administration (SAMHSA)
(2014) best mirrors the recommendations and significance outlined in Haskell and Randell’s
(2019) report. Additionally, SAMHSA is referenced throughout a majority of Canadian research
on trauma informed practice. The field of trauma informed practice has grown increasingly
necessary for police departments and criminal justice systems alike. Trauma informed practice is
a framework that resists retraumatization of victims as well as interveners (SAMHSA, 2014).
Grounded in understanding and responsiveness, trauma informed practice aims to emphasize
physical, psychological, and emotional safety for everyone. It is important to note that trauma
informed practice does not prescribe a set of policies or practices when managing victims, rather
a set of six (6) guiding pillars to base every interaction on (SAMHSA, 2014). The six key
principles that SAMHSA (2014) sets out are: (1) Safety, (2) Trustworthiness and Transparency,
(3) Peer Support, (4) Collaboration and Mutuality, (5) Empowerment, Voice and Choice, (6)
Cultural, Historical, and Gender Issues.
Safety is the first principle that outlines the fundamental premise that the people being
served must feel both physically and psychologically safe to be vulnerable (SAMHSA, 2014).
This can be achieved through the physical setting or a sense of safety verbally provided.

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Trustworthiness and transparency highlights the goals of building trust with the victim, family
members, and others involved (SAMHSA, 2014). Peer support suggests an establishment of
safety and hope with the use of collaboration. Individuals who have experiences with trauma are
key to helping others recover. Collaboration and mutuality emphasizes the importance of
connection between professionals and appropriate referral (SAMHSA, 2014). Everyone has their
role to play in the implementation and use of trauma informed practice. Empowerment, voice
and choice is embedded in the belief that resiliency, individual ability, and community all
strengthen the recovery from trauma (SAMHSA, 2014). Voice and choice are essential in
determining action plans with clients and goal setting that cultivates self-advocacy skills
(SAMHSA, 2014). Finally, cultural, historical, and gender issues is a principle that actively
promotes the inclusivity and needs of historical trauma (SAMHSA, 2014).
What makes trauma informed practice unique is that there is no one dimensional way to
apply its techniques or principles. Haskell and Randell (2019) establish the negative impacts
trauma has on adults following sexual assault; thus, emphasizing the need for these principles to
be included in both court and police interviews. A further examination of Haskell and Randell’s
(2019) recommended implementation of trauma informed practice will be presented in the
discussions section of this paper.
Research Design and Methodology
The research was gathered from the Justice Institute of British Columbia library and
Google scholar. The search was limited to scholarly material only and newspaper articles and
magazines were excluded in this study. The revised search consisted of specific keywords such
as victim perception, sexual assault reporting, law enforcement, trauma-informed practice, and
criminal justice system. Articles that were published from 2005 and later were the focus of this

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study; however, to evaluate the effectiveness of historical police reporting techniques, studies
dating as early as 1995 were included sparingly. Existing literature in Canada was favoured but
minimal; therefore, the search criteria was expanded to studies based in the United States,
Australia, and the United Kingdom since the differences in criminal justice systems were not
significant to the results of the study. Creswell (2014) suggests a broad search of the literature as
an effective means of collection, so this was utilized in this study's search criteria. Boolean
operators were utilized to narrow the search by using “and” or expand the search by adding “or”.
The initial searches were broad and lacked structure, yielding thousands of non-applicable or
irrelevant studies. The identified problems when collecting the data were too broad of keywords,
wide inclusion criteria, non-scholarly sources, and research outside of North America, Australia,
and the United Kingdom. During the collection of the data, it was not possible to identify the
status of each participants sexual assault case; therefore, the accuracy of the results may be
minimally compromised. The generalizability of the results were taken into consideration and
conclusions surrounding specific case details were excluded from this study.
The search for literature utilized two different strategies. When the search narrowed
down the results to roughly 60 articles, an abstract review was conducted in order to identify 15
specific studies applicable for a full review. The abstract review had a robust criteria to ensure
relevance to the proposed research question. Briefly looking at the methodology, author,
findings, country of origin, and recommendations allowed to determine whether the study was
adequate. A preference was formed for cross sectional studies that included both anonymous
surveys followed by semi-structured interviews. While a preference was set for larger sample
sizes (50+), the inclusion of smaller populations addressed identified gaps and more in-depth
responses. The abstract review ensured that all studies limited the victims inclusion to sexual

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violence rather than other forms of IPV, as this may incorrectly impact the generalizability of
results. The study by Haskell and Randall (2019) was deemed the most significant as it included
the most in depth review of victim impacts, trauma-informed practice implementations, and
newly discovered variables of neurobiology. Additionally, this study addressed the identified gap
in the literature, ‘the rape myth’. For these reasons, Haskell and Randall’s research served as a
lens during both the review and comparative analysis of the research. This allowed for the
analysis to focus on trauma informed practice, standardize police reporting, and develop an
understanding of how victims neurobiology is affected post sexual assault.
The relationship between retraumatization and reporting sexual assault was compared
with the findings of Haskell and Randell (2019). The significance of trauma informed practice
was analyzed in various interviews and survey studies. In Johnson’s (2017) survey of 219 sexual
assault victims, the respondent attested to a desire for more sensitive interviewing techniques and
support in preparation for court. Such comparisons validated the work of Haskell and Randell
(2019) and concluded that secondary trauma that victims experience can be minimized. Further
comparisons between the literature corroborate the findings and recommendation of Haskell and
Randell (2019). Analysis of these research questions indicates how trauma informed police and
courts promote victim reporting and increased levels of confidence (Lorenz et al., 2019). Using
trauma informed practice as a lens allowed for a more critical approach to reviewing the
literature. Victim experiences were drawn from the literature review and three key themes were
developed. The implications of the victims’ experiences were evaluated on the recommendations
and principles of trauma informed practice.

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Literature Review
Several themes emerged during the literature review process. Through the shared
experiences of victims in survey studies or interviews, it was evident that three distinct themes
were consistent amongst respondents. Victims expressed that police interviews were insensitive
and one of the more acute reasons for retraumatization. Accusatory questions, minimal assistance
with victim recollection, and victim blaming were the common observational experiences shared
between victims and their police interviews. The next theme identified is that court proceedings
played an intricate role in the retraumatization of sexual assault victims. The data suggests that
victims feel neglected in their sexual assault case when they did not conform to the stereotypical
assumptions of an ideal victim or ‘real rape’. Finally, victims of sexual assault are more likely to
abuse alcohol and drugs if they are not believed by the police. After reviewing the literature, it
became apparent that retraumatization is a ripple effect that reduces confidence levels in the
police and criminal justice system.
Insensitive Police Interviews as a Precursor to Retraumatization
Once a victim has decided to take action against their abuser, one of the first steps in the
reporting process is an interview with an investigating police officer. Lorenz, Kirkner, and
Ulman (2019) explored the aspects of police interviews that indirectly traumatized the victim.
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 interview 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 crime and more of a disguised interrogation to prove validity.
Victim blaming consisted of remarks insinuating that the person reporting was at fault for their

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attack. The majority of survivors from the survey study conducted by Lorenz et al (2019)
experienced remarks such as ‘oh well, why did you let him make you a drink’ or ‘why did you
not call 911 right away’. Blaming the victims for their actions made the majority of respondents
in the survey regret going to the police in the first place (Lorenz et al., 2019). A common
occurrence seen from insensitive police interviews is that victims will choose not to report sexual
violence in the future, as their previous encounters with police were traumatizing.
These findings were consistent with other research in the field, particularly James and
Lee’s (2015) survey study on sexual assault victims and their experiences with police. Victims in
interviews experienced a significant level of dismissive behaviour from the police and felt as if
their crime was not important enough or worthy of resources (James & Lee, 2015). The results
demonstrated that victims experienced a rushed and unsupportive interview that contributed to
feelings of trauma and loss of self (James & Lee, 2015). Only 3.7% of respondents said they
reported their cases of unwanted sexual acts to the police (James & Lee, 2015). The
retraumatization faced in police interviews and a distrust in the criminal justice system leads to
victims not reporting their attacks.
Retraumatization has been theorized to be the result of insensitive police interviewing.
The findings from McQueen, Miller, and Chambers (2021) mirror these results, as in both cases
victims experience deterioration of mental health and a degree of revictimization. Ignoring the
needs and lacking validation was a key concern of victims and further substantiates the themes of
secondary trauma from interviews with police. When police begin to establish the facts of the
assault, particularly the events leading up, victims feel the most doubted and traumatized. This
can be attributed to a lack of understanding and recollection of the attack. Haskell and Randell
(2019) further reinforce this theme. Their report presents the neurobiology behind trauma and

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how the brain responds to certain events. When a victim detects a serious threat, a cascade of
stress chemicals are released and defence circuity dominates the brain once activated (Haskell &
Randell, 2019). This response can explain the gap of knowledge many victims have when
reporting their assaults. Victims attest that these missing details of the event are the reason police
may not believe them when making the report (James & Lee, 2015). Survivors indicated a desire
for trauma informed practice in police interviews as it promotes memory retention, confidence in
police, and minimized secondary victimization.
Court as a Source of Revictimization
The Trial Process as Insensitive. The theme of courts being a traumatic experience for
victims was evident throughout the literature. A small fraction of cases make it to the courtroom
and what is often expected to be feelings of justice and relief are described as insensitive and
outright disturbing. This was indicated in Regehr, Alaggia, Lambert, and Saini’s (2012) study
conducted on victims of sexual assault who had been involved in a criminal trial process.
Overall, the proceedings were viewed as an abusive event where both the defence and offender
ridiculed or intimidated the victim (Regehr et al., 2012). 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 personnel like police or crown attorneys shared similar findings (Regehr et al., 2012).
Victims describe the trial process as prolonged, emotionally draining, repetitive, and confusing
(Regehr et al., 2012). The language and customs of court made victims feel excluded from what
was supposed to be their day of justice. The suffering victims experienced in court was
consistent with broken expectations of justice and mistreatment from defence.

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These results were further substantiated in the study by Katirai (2020) who evaluated the
participation of IPV victims in the courtroom. The conclusion was made that the most important
factors that contribute to retraumatization of victims are court proceedings. This unique study
utilizes the experiences and opinions of lawyers to break down the outdated and victimizing
aspects of court. Blaming and dismissive remarks made by court personnel caused victims to
express regret for pursuing legal action. Retraumatization and insensitivity in court can impact
the involved community, friends, and family of the victim (Katirai, 2020). Whether civil or
criminal proceedings, the respondents indicate that informal support providers are negatively
affected by the destructive nature of court (Katirai, 2020).
The Outcome of The Court Process. Accountability of the offender and the outcome of court
processes are often seen as the sole indicator of a successful trial. In Johnson’s (2017) study, the
majority of women had mixed-feelings with the outcome of the trial. Most survivors were not
satisfied with the sentencing of their abuser; however, a sense of closure and empowerment was
expressed following the conclusion of the court proceeding (Johnson, 2017). The study suggests
that although the overall conviction rates are less than 1 percent when factoring in the unreported
acts of sexual assault (Johnson, 2017). The victim's confidence in the justice system was likely to
improve when prosecutors, defence counsel, and judges were supportive and transparent.
Regardless of outcome, the participants in the study report no hesitation to involve police if the
previous experience was positive (Johnson, 2017).
This theme is reinforced in Regehr, Alaggia, Lambert, and Saini’s (2012) survey study of
sexual assault victims. 70.3 percent of respondents indicated that the outcome of court processes
was destructive (Regehr et al., 2012). Specifically, the majority of victims felt as if the damaging
effects of judicial processes significantly regressed their psychological recovery (Regehr et al.,

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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). The mixed sense of relief and disappointment with the outcome is a source
of retraumatization.
Substance Abuse as a Result of not Being Believed by the Police
The literature suggests that negative police interaction while reporting sexual assault is
correlated with a decline in mental and physical health. McQueen, Miller, and Chambers (2021)
explored this process, among other aspects of social impacts that are associated with police
disbelief. Their study consisted of 23 interviews of sexual assault survivors who were reportedly
not believed by the police. Following what is best described as broken expectations with the
police, unsupported respondents turned to alcohol and drugs as a coping mechanism (McQueen
et al., 2021). The common misconception that victims attest to is that it was not the rape itself
that caused negative coping strategies, rather it was the disbelief and lack of support from the
police that lead to drug and alcohol abuse (McQueen et al., 2021).
These results were consistent with other research in the field, most notably the findings
from Boyd (2011). Boyd (2011) evaluates the overall impacts of sexual assault on women and
draws upon secondary literature to determine that trauma and alcohol or drug dependence are
significantly correlated. Addiction stemming from a coping mechanism puts survivors at a stark
disadvantage in the pursuance of justice. This presents a vicious cycle of not being believed by
the police, using substances to cope with the fact, and being abused in the future. The ideal
victim or stereotypical understanding of a real rape will be further explored in this report;
however, it is important to note that not being believed by the police often leads to substance
abuse or mental health deterioration (Boyd, 2011).

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Conroy and Cotter (2017) evaluate the socioeconomic impacts of sexual assault victims
not being believed by the police and their results further reinforce this theme. Overall, those who
had reported not being believed by the police also indicated higher rates of drug use and binge
drinking (Conroy & Cotter, 2017). The cycle of non-belief, substance abuse, and continued
sexual assault from Boyd’s (2011) study is further reinforced in Conroy and Cotter’s (2017)
findings. The research indicates that substance abuse following sexual assault can be a
significant risk factor for future victimization (Conroy & Cotter, 2017). Victims who use
substances as a coping mechanism frequent locations associated with higher rates of sexual
assault. Areas of increased victimization such as night clubs or bars often have an increased
presence of offenders; therefore, the cycle of abuse continues. Police who lack trauma informed
practice when taking victim statements or interviews perpetuate these negative impacts on
victims.
Discussions/Findings
The literature review suggests that most victims endure a degree of retraumatization
when in contact with the criminal justice system. Many of the impacts result in non-reporting,
lessened confidence in the criminal justice system, and a regression in the recovery process.
Based on the shared experiences of victims, trauma informed practice in the criminal justice
system would benefit survivors in a variety of ways. Haskell and Randell (2019) discuss the
practical approaches to implementing trauma informed practice in policing and the court
systems. Further, the observed benefits of victims who have been involved in a trauma informed
court processes or police interview reinforce the need for such training. The emerging research
surrounding neurobiology and memory retention emphasize the need for reform when defence

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attorneys question victims. Informed suggestions and predictions are made based on the
conclusions of other research and the review of literature.
The Impacts of Neurobiology on Memory Retention
Victims in the literature found that a common reason for retraumatization is the ridicule
and scrutiny they face when recalling their attack. Police and defence lawyers will utilize gaps in
knowledge to discredit victims either on the stand or prevent them from pursuing a charge.
Haskell and Randell (2019) explore the fundamentals of the brain’s defence circuitry and how
during a traumatic event or when under perceived threat, a neurobiological ‘freeze’ occurs.
Defence circuitry dominates brain functioning once activated and it should be acknowledged that
during this time, sensory information and physical responses seek an escape (Haskell & Randell,
2019). This subconscious escape response can be characterized into three potential actions:
flight, fight, or freeze. Sexual assault is most commonly associated with the freeze response.
Haskell and Randell’s (2019) findings support the themes of retraumatization from victim
blaming in court and police interviews.
Hardy, Young, and Holmes (2009) conducted a questionnaire of sexual assault victims
surrounding memory fragmentation, trauma, and the role of police. Victims report high levels of
dissociation during sexual assault and fragmented memories were used to divert them in their
criminal justice process. The participants in the study suggest that memory fragmentation or
incoherence in police interviews had a direct impact on their likelihood of proceeding with the
case (Hardy et al., 2009). This is a challenge that must be addressed. The propensity for the
police or courts to discredit victims because of memory loss is both unethical and
revictimization. Haskell and Randell (2019) suggest that trauma-informed police and courts
reduce feelings of shame, victim blaming, and vulnerability.

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Trauma Informed Police Interviews
Traditional police interviews make it more difficult for victims to disclose their sexual
assault experiences. Fisher (1995) found in his study that on average a police interview had 3
open-ended questions, and 26 close-ended questions with an average of 1 second pauses between
questions. Per response, police interrupted victims 4 times and waited only 7.5 seconds before
interrupting open-ended questions (Fisher, 1995). Interruptions are proven to impede memory
retrieval and make victims feel rushed or unsupported; therefore, the need for a trauma informed
approach to interviews is apparent.
A survey study of 215 respondents conducted by Sable, Danis, Mauzy, and Gallagher
(2006) concluded that a significant barrier to rape reporting was that police would be bias or
there was a fear of being judged and embarrassed in an interview. The respondents expressed a
desire for a safer and more supportive reporting environment for victims (Sable et al., 2006).
Victims suggest that a collaborative process with trauma informed support systems would
decrease feelings of shame, guilt, or fear (Sable et al., 2006). A trauma informed approach to
police reporting and interviews would counter these negative experiences and barriers facing
victims.
Haskell and Randell (2019) present best practices for trauma-informed police-victim
interviews. The first step of setting the tone should be a brief, empathetic, and supportive
collection of the most pertinent information for the initial report. The first interaction with the
police should be more focused on getting the victim connected with support services and
promoting collaboration. At a later date, scheduling a more in-depth interview that victims can
prepare for will promote immediate and long term recovery (Haskell and Randell, 2019).
Establishing the facts and circumstances of a crime is a necessity; however, the way things are

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said are just as important as what is being said. The detailed follow-up interview should adopt a
Forensic Experiential Trauma Interview (FETI) approach.
FETI is a science based methodology that facilitates the collection of evidence for
victims of trauma. The approach consists of 3 major characteristics: (1) uninterrupted narrative
conducted by the victim, (2) open-ended questions eliciting raw information such as sights,
smells, and sounds, (3) active listening and avoidance of victim-blaming language or assumption
(Haskell & Randell, 2019). It is essential to consider the non-verbal communication and image
projected from the investigating officer as victims who experience a freeze response have higher
levels of self-blame. Aspects of FETI and trauma-informed police interviews have seen great
success in reducing revictimization and promoting collaboration. Further research surrounding
the victims likelihood to pursue charges with and without trauma informed police would
emphasize the need for such training.
Trauma Informed Court Proceedings
Haskell and Randell (2019) reinforce that idea that the inferior position of the victim in a
trial is both disempowering and a source of trauma. Intense scrutiny on the stand can often make
the victim feel as if they are under attack; therefore, the need for in-depth preparatory work with
victims is emphasized (Haskell & Randell, 2019). The tone and physical behaviour of defence
insinuates disbelief of the victim. Specialized training in trauma informed practice can reduce the
risk of revictimization and promote healing for survivors.
Clark (2010) conducted a study of 22 sexual assault victims who had reported and stood
trial against their abusers. The experiences shared amongst the victims suggest that the recovery
and justice seeking process is inhibited by insensitive court personnel. In the interviews, victims
describe the legal procedures as revictimizing, removed from ideals of justice, and outright

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frustrating (Clark, 2010). Those who felt as if their allegations were met with disbelief
experienced increased levels of secondary trauma (Clark, 2010). Victims expressed a desire for
either reform or adequate forewarning about the system and their subsequent expectations.
Validation, control, and support were the main recommendations for court processes. The
difficulties survivors face in court are preventing others from coming forward and cooperating
with the criminal justice system.
The key recommendations in Haskell and Randell’s (2019) report were to provide
mandatory training and education on the neurobiology of trauma, violence, and abuse. Defence
lawyers, crown counsel, and judges should all have adequate knowledge in the field to neutralize
biases (Haskell & Randell, 2019). On behalf of the crown, the focus should be on understanding
the victim’s history and expectations for trial. In order to minimize retraumatizing victims,
defence lawyers should be educated on how trauma affects memory and recall. Other changes to
trial can consist of pacing questions, allowing for victim-witness breaks, and simplifying
language during cross examinations (Haskell & Randell, 2019). Certain changes to the Canadian
Criminal Code allow for a number of measures to be invoked surrounding sexual assault trials.
The application of s. 486.2(2) would allow for victims to testify outside of the courtroom to
avoid their abuser or judgemental personnel (Criminal Code, 2015). Additionally, s. 486(1)
would grant victims the right to exclude the public from attending trial (Criminal Code, 2015).
These 2015 amendments represent the principles of trauma informed sentencing; however,
further reform and education is well overdue. Further research on how the rates of reporting are
impacted by a trauma informed criminal justice system is recommended to ensure
implementation techniques are adequate.

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Conclusion/Recommendations
There is a persisting demand for criminal justice reform as it relates to sexual assault
reporting. When police or court personnel retraumatize victims, it sends a message to society that
justice is an uphill battle not worth fighting for. Trauma informed practice is at the forefront of
policing; however, substantial changes have yet to be made. Victims from the literature attest to
decades worth of insensitive experiences with the criminal justice system. 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. Prosecutors,
lawyers, and other criminal justice professionals need to apply trauma-informed practices to each
case of sexual assault reaching trial. Education on the neurobiology of trauma and its impacts on
victims can help counter the difficulties faced in court. Mandatory training, educational
workshops, and further legislation to promote trauma-informed practice will enhance access to
justice and promote confidence when reporting sexual assault (Haskell & Randell, 2019). Police
officers everywhere need advanced, constant, and victim oriented training in the impacts of
trauma and how to mitigate victimization. Restructuring of interviews, early connection with
social supports, and the overall conduct of police must face further advancement to promote
reporting and the pursuance of justice.
To advance this field, the results of a trauma informed system need to be further analyzed
in its practice and implementation. Research should continue to prioritize the victims' perception
in survey studies and interviews. The purpose of this comparative analysis was not to develop
new policy or legislation, but rather to assess the shared experiences of victims with a trauma
informed lens. The current state of literature is rather new and significant research needs to be
conducted in a Canadian context. Haskell and Randell’s (2019) report should be the basis of all

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specialized training and iterations of a trauma informed approach to criminal justice. Decreasing
revictimization in criminal justice is no simple feat; however, the current state of literature and
victims suggest trauma-informed practice is the future.

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22

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