The Criminal Injustice System: An Analysis of Professional Perspectives of Secondary-Victimisation for Female Victim/Survivors of Domestic and Sexual Violence Navigating the Legal System

Research with victim/survivors of domestic and sexual violence increasingly suggests that the legal system causes re-traumatisation and secondary-victimisation via its legitimisation and reproduction of bias, stereotypes and rape myths. In response to a surge in cased of male violence against women following the Covid-19 pandemic and record low charge and conviction rates for domestic and sexual violence, this research invited advocates and practitioners within the legal system to draw on their knowledge, experience and expertise to discuss which aspects of the legal system cause secondary-victimisation, and how to address them. Qualitative research methods were adopted in the form of an anonymous online survey which encouraged elaboration of responses where possible. It was found that rape myths, victim-blaming and disbelief of victim/survivor testimonies were common themes perpetuated by legal professionals, resulting in victim/survivor re-traumatisation. Other failings highlighted were inadequate police investigations and frequent ‘no further action’ outcomes, low charge, prosecution and conviction rates, lengthy waiting times for trials to begin and a dehumanising court process. Respondents noted that some individual police officers work well within a domestic and sexual violence setting, however advised that improved training and awareness should be facilitated for all legal professionals and representatives, in addition to improved access to specialist support for victim/survivors. Building on this research, future studies should seek to explore these responses in more detail in the form of semi-structured interviews with professionals and victim/survivors themselves to gain a more nuanced and thorough understanding of what does and does not work for survivors, and how to adequately address this.