"I didn't want to press charges because I don't really believe in the justice system, I already knew about rape culture and what would possibly happen to me if I made a complaint to the police. I thought I was going to get the blame." - Katerine1
Katerine's experience is shared by a majority of women who have suffered sexual assault, which is defined as a sexual act imposed on a person without their consent, thereby violating their integrity ,3 . One in three women who have been sexually assaulted say they don't trust the legal system4 . For some, denouncing their assailant is a way of obtaining justice and trying to put a stop to potential recidivism5 . Even today, however, the myths surrounding sexual assault are still being perpetrated by those involved in the justice system. In addition to these biases, other factors, such as the guilt felt by victims or the fear of retaliation, explain why sexual assault is one of the least reported crimes6 . The rape culture present in the criminal justice system is an obstacle for victims, making them reluctant to engage in this lengthy process7 . Judicial actors who are less informed about the consequences of sexual assault for victims, or who have a negative bias towards this issue, contribute to the revictimization of these women, which increases their psychological distress1 .
The consequences of sexual assault
Being sexually assaulted is often one of the most traumatic experiences a person can face. This form of violence has significant repercussions on the mental and physical health of survivors, which can persist for months or even years7
. For example, the consequences can manifest themselves as :
- Fear and anxiety;
- Hypervigilance, i.e. excessive attention to trauma-related stimuli perceived as potentially threatening8
;
- Difficulty sleeping and nightmares;
- Feelings of shame and guilt;
- Isolation;
- Depressive symptoms.
These significant consequences for survivors can affect their social, psychological and day-to-day functioning. In addition, experiencing sexual assault can have a neurobiological impact, affecting parts of the brain responsible for memory and emotional regulation9 .
It is therefore essential for those involved in the criminal justice system to understand the significant impact of this type of violence on victims of sexual assault, and to integrate this understanding into their expectations regarding the testimonials. In a system where proof must be beyond all reasonable doubt, the consequences of sexual assault can affect the victim's credibility and the reliability of his or her testimony. This aspect must therefore be given greater consideration.
Sexual assault myths in the criminal justice system
Women who have been sexually assaulted often face social pressure to report the violence they have suffered. Their testimony is of crucial importance, since in the majority of cases, they are the only person who can testify against their assailant7 . However, many of the myths surrounding sexual assault, which are sometimes propagated by those involved in the criminal justice system, are unrealistic and have a strong impact on the victim's image in court. To better understand the reality of sexual assault survivors, let's break down a few common myths they are often confronted with:
| Myth | Reality |
| A victim who doesn't fight back or try to escape her assailant hasn't really been assaulted. | This myth ignores a common and normal human reaction to danger: freezing. Indeed, when faced with a threat to their life or physical integrity, people generally react in one of three ways: fight, flight or freeze. These responses are automatic and are designed to protect the body when it is unable to think due to excessive stress7 . Yet, this reaction to aggression does not correspond to the "right reaction" that is expected from a public that adheres to these false representations. |
| A victim who presents an incoherent story and does not seem to remember the event well is not telling the truth. | It's perfectly normal for the memory of a traumatic event to be flawed. At the time of the attack, the brain is flooded with stress hormones that prevent the formation of clear, precise memories. Thus, expecting a detailed and coherent account of the agression from victims is neither realistic nor rational7 . |
| A survivor who does not report the agression quickly is not really a victim, or is not credible. | The vast majority of sexual assault victims in Canada never report their assailant7 . Several factors, including rape culture, which places the blame on the victim, the fear of not being believed, feelings of shame, and the fear of retaliation from the assailant, are issues that victims face. Given the context of mistrust in which they find themselves, it's normal for victims to feel more reluctant to denounce their assailant. |
The existence of these myths within the justice system can lead to mistrust and skepticism on the part of those involved in the justice system. As a result, the victim's credibility can be compromised, feeding the sense of blame and guilt they may feel. Although the Criminal Code prohibits the presence of myths and stereotypes during a sexual assault trial, some persist.
How can survivors of sexual assault regain their trust towards the criminal justice system?
Several specialists have joined forces to find a solution to this problem. In 2020, the Expert Committee for the Support of Victims of Sexual Assault and Domestic Violence tabled the report "Rebuilding Trust". This document targets 190 recommendations aimed at improving psychosocial and legal support for victims, in addition to facilitating their access to services10
.
In 2022, the government of Quebec attempted to respond to this report by adopting a pilot project aimed at establishing a specialized court for sexual and domestic violence in Quebec. The project encourages those involved in the criminal justice system to take specific training courses to raise their awareness about issues faced by survivors of sexual assault. One of the objectives is to respond with more sensitivity to victims' questions and concerns.
By working together, we can counter the myths surrounding sexual assault, which have deleterious effects on survivors. It's important for citizens, health-care providers and the justice system to normalize uncontrolled reactions to trauma, update their knowledge about sexual assault and be welcoming and sensitive to survivors of sexual assault.
Help and information resources
Sexual Violence Helpline: a telephone hotline for victims of sexual violence, their loved ones and practicionners that provides information and referrals for help and protection resources in their area.
- 24h/24, 7 days
- 1-888-933-9007
CALACS aggression: organizations that offer free assistance, support and guidance to women and teenage girls who are victims of sexual violence.
Crime Victims Assistance Centres – CAVAC: non-profit organizations offering front-line services to victims of crime, their loved ones and witnesses of crime.
Rebâtir: a free, confidential service offered by legal aid lawyers for advice in situations of sexual or domestic violence.
- Open daily from 8:30 a.m. to 4:30 p.m.
- 1-833-732-2847
Juripop: offers a bank of lawyers in private practice who are trained in and sensitive to the realities of victims and survivors of domestic and sexual violence.
This article was written as part of the Adult Victims of Childhood Abuse course taught by Natacha Godbout, director of TRACE, at UQAM in the fall of 2023. The publication of this article was made possible thanks to our partner, the Interdisciplinary Research Centre on Intimate Relationship Problems and Sexual Abuse (CRIPCAS), and the Fonds de recherche du Québec.
To cite this article: Bissonnette, F. & Coupienne, M. (2024, July 15). Broken trust in the justice system. TRACE Blog. https://natachagodbout.com/en/blog/broken-trust-justice-system
- 1 a b Frenette, M., Boulebsol, C., Lampron, È.-M., Chagnon, R., Cousineau, M.-M., Dubé, M., Lapierre, S., Sheehy, E. A., & Gagnon, C. (2018). Femmes victimes de violence et système de justice pénale: expériences, obstacles et pistes de solution. https://www.fmhf.ca/sites/default/files/upload/documents/publications/rapport_femmes_violence_justice.pdf
- Laforest, J., Maurice, P., & Bouchard, L M. (dir.) (2018). Rapport québécois sur la violence et la santé. Institut national de santé publique du Québec. https://www.inspq.qc.ca/rapport-quebecois-sur-la-violence-et-la-sante
- 3Criminal code. L.R.C. (1985), ch. C-46, art. 271. https://laws-lois.justice.gc.ca/eng/acts/c-46/index.html
- 4Northcott, M. (2021). Victims of Crime Research Digest: A Survey of Survivors of Sexual Violence (Issue No. 6). Government of Canada. https://www.justice.gc.ca/eng/rp-pr/cj-jp/victim/rd6-rr6/p3.html
- 5Hattem, T. (2000). Rapport de recherche enquête auprès de femmes qui ont survécu à une agression sexuelle. https://www.justice.gc.ca/fra/pr-rp/jp-cj/victim/rr00_4/rr00_4.pdf
- 6Institut national de santé publique du Québec. (2022). Statistics about sexual assault. https://www.inspq.qc.ca/en/sexual-assault/statistics
- 7 a b c d e f Haskell, L., & Randall, M. (2019). The Impact of Trauma on Adult Sexual Assault Victims. Government of Canada. https://www.justice.gc.ca/eng/rp-pr/jr/trauma/index.html
- 8Cameron, A. Y. & Mamon, D. (2019). Towards a better understanding of hypervigilance in combat veterans. Military Behavioral Health, 7(2), 206-217. https://doi.org/10.1080/21635781.2018.1526144
- 9Van der Kolk, B. A., & Fisler, R. (1995). Dissociation and the fragmentary nature of traumatic memories: Overview and exploratory study. Journal of Traumatic Stress, 8(4), 505-525. https://doi.org/10.1007/BF02102887
- 10Corté, É. (2021). Rebâtir la confiance / rapport du comité d'experts sur l'accompagnement des victimes d'agressions sexuelles et de violence conjugale. https://numerique.banq.qc.ca/patrimoine/details/52327/4287551
