Imagine that you’re the victim of a traumatic crime who, prior to any investigation, is assumed to be lying. Then you are asked to build a case to prove you’re a victim, but you probably have little to no experience navigating the legal system. Like with many survivors of sexual violence, that means you’re in for a world of confusing obstacles, leaving you unprepared and unprotected.
The
uphill battle
Survivors
of sexual violence are often blamed for their own victimization. They confront law
enforcement, court personnel, or judges who seem unwilling to take their cases
seriously.
Our
clients hear things like,
“Are you sure this
happened?”
“Well, why were you out
with him in the first place?”
“This case is going to take
a long time and not go anywhere, so why even bother?”
“But he has a family, why
ruin that over something small?”
These attitudes can result in inaccurate or incomplete police reports which discourage survivors
from following through with an investigation, let alone a criminal case.
The
challenges don’t end there.
Survivors
don’t always know what legal options or rights they have to protect themselves.
Their experiences with the criminal justice system are long and difficult.
These challenges often extend to the court process, too. Judges and defense
attorneys disregard survivors’ rights to privacy and dignity. One example of
this is when defense attorneys try to access a victim’s private mental health
records to discredit her on the stand.
With
the odds stacked in the perpetrator’s favor, having the right expertise and
tools could make the difference between an unfair trial in which survivors
experience re-victimization, and a trial where survivors can attain justice,
with their dignity intact.
Protecting
survivors of sexual harm
The
very process of criminal proceedings plays a large part in leaving survivors
unprotected. Sexual violence cases are assigned to prosecutors from the state’s
attorney’s office. This means that the state’s attorney’s office prosecutes the
case on behalf of the state, not the survivor.
Survivors
essentially have no role in the case, other than being witnesses. Decisions are
frequently made without concern for the victim’s needs and desires. To add
insult to injury, survivors are not always informed of the difference between
the state’s attorney and having their own victim’s rights attorney.
These
problems were the driving force behind survivor leadership and advocacy
organizations, (including CAASE) passing the Rights
for Crime Victims and Witness Act (RCVWA). This act provides
survivors with the legal tools needed to enforce their constitutional rights to
an attorney and to privacy and dignity. Equipped with a victim’s rights
attorney, survivors have a much better chance at a fair case. Victim’s rights
attorneys are able to inform survivors of all their legal options, give sound
advice to match their unique needs, and ensure they have legal representation during
police interviews and the court process.
Moving
forward
In
order for these laws to effectively transform the criminal process, judges and state
prosecutors need to be educated and trained on survivor rights, and learn to protect these rights in court.
As
Cook County residents are tasked with electing a state’s attorney next month,
our community has a great opportunity to demand that the office prioritize the
rights of survivors of sexual violence. Survivors of sexual harm deserve
someone who represents their needs fully, and can make their voices heard.
See a recap of our candidate forum and learn what the state’s attorney candidates
plan to do to address sexual violence.