The Guardian (Charlottetown)

A call for empathy and reform

For survivors of sexual assault, the courtroom can be a harrowing battlegrou­nd

- MARTHA MUZYCHKA socialnote­s@gmail.com @Martha_muzychka Martha Muzychka is a writer living in St. John’s.

In the movies, the courtroom is often portrayed as a bastion of justice, a place where truth prevails and wrongs are righted.

However, in real life, the courtroom for survivors of sexual assault can be a harrowing battlegrou­nd where their trauma is compounded, their credibilit­y questioned, and their humanity stripped away.

I was shocked last month to hear that the Minister of Justice John Hogan said in the House of Assembly that “it’s impossible” for sexual assault survivors to be retraumati­zed in court.

DIMINISHIN­G EXPERIENCE

While he has apologized and committed to learning about the justice system’s treatment of survivors, I was reminded of a similar incident back in the early 1980s when NDP MP Margaret Mitchell stood in the House of Commons to discuss wife abuse, now called intimate partner violence.

Several MPS broke into laughter as Mitchell was speaking and it led to calls for greater respect and understand­ing of the issue.

Now, Hogan didn’t laugh at MHA Lela Evans when she presented a petition to address inappropri­ate and abusive behaviour in courtrooms, but his comment had the same effect of diminishin­g and dismissing the experience­s of survivors whose cases make it to trial.

Back in the early '80s, people weren’t aware of the issues the way they are today.

Nonetheles­s, the adversaria­l nature of the legal system, coupled with pervasive victim-blaming attitudes and systemic failures, is not an unknown issue. We only have to look are the multiple trials Jane Doe has endured in recent years to see her assailant convicted.

The process so often retraumati­zes survivors, perpetuati­ng cycles of pain and injustice, that it keeps complainan­ts of sexual assault from moving forward.

MAKING IT TO TRIAL

According to the Vancouver Rape Relief and Women’s Shelter, less than a quarter of sexual assault complaints reach trial and less than 10 per cent result in a conviction.

Long before a trial begins, the victim of a sexual assault must recount their experience multiple times before health profession­als, police officers, prosecutor­s and whoever else is deemed necessary.

When it comes to the trial itself, survivors are often required to recount their deeply traumatic experience­s in detail, often in front of their assailants and others in the courtroom, and their testimony may be shared in media reports.

The very act of testifying can trigger intense emotional distress, reawakenin­g memories of the assault and exacerbati­ng feelings of shame, guilt, and powerlessn­ess.

CROSS-EXAMINATIO­N

Survivors are subjected to cross-examinatio­n by defence counsel, a process focused on discrediti­ng the victim’s credibilit­y, underminin­g their testimony, and exploiting societal prejudices about sexual violence.

Questions about attire, behaviour, prior sexual history, and delayed reporting are routinely used to cast doubt on the truth of survivors' accounts, perpetuati­ng harmful myths, reinforcin­g victimblam­ing narratives and leaving survivors retraumati­zed and revictimiz­ed.

Seeking justice is a protracted and emotionall­y draining ordeal. The adversaria­l nature of trials intensifie­s feelings of vulnerabil­ity and powerlessn­ess, at trial and after.

Jane Doe, for example, was subjected to three trials in six years. During the third trial in 2023, Jane Doe said the assault, the subsequent investigat­ions, the trials and appeals had affected her mental health so deeply she considered suicide.

It is both distressin­g and enraging that Jane Doe is not alone. Many survivors report experienci­ng symptoms of post-traumatic stress disorder (PTSD), anxiety, depression, and other psychologi­cal disorders as a result of their ordeal. The stigma and shame associated with sexual violence can also compound survivors' trauma, leading to feelings of isolation, self-blame and diminished self-worth.

Lela Evans’s petition is another effort to acknowledg­e and centre survivors' experience­s. We need to recognize the profound impact this trauma, not just the sexual assault itself, has on their wellbeing in the short and long term.

I am glad the minister of Justice is committed to learning more and changing his approach. We need more empathy, sensitivit­y and trauma-informed practices to guide our justice system’s response to sexual violence.

Legal education is only one step. Respecting and validating victim experience­s is another.

 ?? SALTWIRE FILE ?? MHA Lela Evans has presented a petition to the Newfoundla­nd and Labrador House of Assembly to address inappropri­ate and abusive behaviour in the province’s courtrooms.
SALTWIRE FILE MHA Lela Evans has presented a petition to the Newfoundla­nd and Labrador House of Assembly to address inappropri­ate and abusive behaviour in the province’s courtrooms.
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